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APPELL v. UNITED STATES

No. 5333.

29 F.2d 279 (1928)

APPELL v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

November 26, 1928.

Attorney(s) appearing for the Case

R. E. Taylor and H. M. Muse, both of Wichita Falls, Tex., for appellant.

Norman A. Dodge, U. S. Atty., of Fort Worth, Tex., and Sarah Cory Menezes, Asst. U. S. Atty., of Dallas, Tex.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This was a prosecution against Mamie Appell, appellant, and her husband, upon an indictment in three counts, which charged them in the first and second counts with having made sales, and in the third count with being in possession, of morphine, in violation of U. S. C. tit. 26 (26 USCA) § 692. The offenses were laid as of December 28, 1927, and the true bill was filed in open court March 27, 1928, although it was alleged in the caption that...

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