MARTINEZ v. UNITED STATES

No. 5253.

25 F.2d 302 (1928)

MARTINEZ v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

March 31, 1928.


Attorney(s) appearing for the Case

William A. Green, of New Orleans, La., for appellant.

Wayne G. Borah, U. S. Atty., and P. M. Flanagan, Asst. U. S. Atty., both of New Orleans, La.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


BRYAN, Circuit Judge.

Martinez is one of several defendants who were convicted of a conspiracy to sell and of selling morphine, in violation of section 2 of the Opium Act of 1914 (26 USCA § 696; Comp. St. § 6287h) which prohibits sales of derivatives of opium "except in pursuance of a written order" of the purchaser "on a form to be issued in blank for that purpose by the Commissioner of Internal Revenue." 38 Stat. 786.

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