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SMITH v. UNITED STATES

No. 4732.

10 F.2d 787 (1926)

SMITH v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

February 23, 1926.

Attorney(s) appearing for the Case

Warren L. Williams and Seymour S. Silverton, both of Los Angeles, Cal., for plaintiff in error.

Samuel W. McNabb, U. S. Atty., and J. George Ohannesian, Asst. U. S. Atty., both of Los Angeles, Cal.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

GILBERT, Circuit Judge.

On the trial of an indictment against the plaintiff in error, charging him with selling, dispensing, and distributing a preparation of morphine contrary to law, he testified in his own behalf and contradicted the testimony which was adduced against him. Referring to his occupation, he testified that he made sandwiches and pies in a wholesale house, and supplied them to vendors, and was so engaged on...

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