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HOWELL v. UNITED STATES

No. 4749.

17 F.2d 89 (1927)

HOWELL v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

January 11, 1927.

Attorney(s) appearing for the Case

Thos. J. Walsh, of Memphis, Tenn., for plaintiff in error.

W. H. Fisher, Asst. U. S. Atty., of Memphis, Tenn. (Lindsey B. Phillips, U. S. Atty., and Herbert L. Harper, Asst. U. S. Atty., both of Memphis, Tenn., on the brief), for the United States.

Before DENISON and MOORMAN, Circuit Judges, and GORE, District Judge.

PER CURIAM.

The indictment on which plaintiff in error was convicted charged him with unlawfully purchasing a quantity of morphine and heroin not in or from the original stamped package. It stated an offense against Narcotic Act, § 1, as amended by Act Feb. 24, 1919, § 1006 (Comp. St. § 6287g), under Weaver v. United States (6 C. C. A.) 15 F.2d 38, and authorities there cited. The further allegation that defendant unlawfully...

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