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GRAHAM v. UNITED STATES

Nos. 7339, 7276-7279.

15 F.2d 740 (1926)

GRAHAM v. UNITED STATES. LEWIS v. SAME (two cases). O'FALLON v. SAME (two cases).

Circuit Court of Appeals, Eighth Circuit.

October 30, 1926.

Attorney(s) appearing for the Case

Neal E. McNeill, of Tulsa, Okl. (John W. Tillman, Fred A. Tillman, and Welcome D. Pierson, all of Pawhuska, Okl., on the brief), for plaintiffs in error.

John M. Goldesberry, U. S. Atty., of Tulsa, Okl. (W. L. Coffey, Asst. U. S. Atty., of Tulsa, Okl., on the brief), for the United States.

Before STONE and LEWIS, Circuit Judges, and SYMES, District Judge.

SYMES, District Judge.

The first count of the indictment in this case charges that the plaintiffs in error, defendants below, Jimmie Graham, Seth M. Lewis, Daman Lewis, John O'Fallon, and Roy O'Fallon, together with one Jesse Merritt and Audine Merritt, unlawfully conspired and combined to violate the Harrison Narcotic Act (Comp. St. §§ 6287g-6287q), in Osage county, Okl. Three overt acts are alleged, to wit: First, the purchase of 100 ounces of morphine...

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