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BOEHM v. UNITED STATES

No. 7125.

21 F.2d 283 (1927)

BOEHM v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

July 22, 1927.

Attorney(s) appearing for the Case

George W. Peterson, of St. Paul, Minn., and William F. Donohue and James J. Quigley, both of St. Cloud, Minn., for plaintiff in error.

Lafayette French, Jr., U. S. Atty., of St. Paul, Minn., and George A. Heisey, Special Asst. U. S. Atty., of Minneapolis, Minn.

Before KENYON, Circuit Judge, and MOLYNEAUX and JOHN B. SANBORN, District Judges.

KENYON, Circuit Judge.

Plaintiff in error was convicted on five counts of an indictment charging violation of the Harrison Anti-Narcotic Act, and was sentenced on each count to five years in the penitentiary, said sentences to run concurrently.

It is urged in this court that the indictment does not sufficiently charge a public offense. The indictment is based on section 2 of the Anti-Narcotic Act (Comp. St. 6287h), which section declares:

"That it...

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