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PHILIPIAN v. UNITED STATES

No. 4867.

20 F.2d 532 (1927)

PHILIPIAN v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

July 5, 1927.

Attorney(s) appearing for the Case

Robert A. Kramer, of Cincinnati, Ohio (Richard Tabibian, of Detroit, Mich., on the brief), for plaintiff in error.

Merrill G. Miner, of Detroit, Mich., for the United States.

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

PER CURIAM.

Prosecution under Harrison Act (U. S. C. S., § 6287g; U. S. Code, tit. 26, § 692). Count 1 plainly charges purchase of narcotics in or from an unstamped package; count 2 is probably intended to charge a sale thereof in or from an unstamped package.

The case must be affirmed. The objection that no venue was proved was not made below. Section 1 of the act, to prohibit dealings in unstamped packages, as amended in 1919, is constitutional...

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