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ROSS v. UNITED STATES

No. 5041.

23 F.2d 679 (1928)

ROSS v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

January 17, 1928.

Attorney(s) appearing for the Case

B. F. Booth, of Memphis, Tenn., for plaintiff in error.

Lindsay B. Phillips, U. S. Atty., of Memphis, Tenn.

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

PER CURIAM.

The conviction on the first count cannot be sustained. It sufficiently alleges carrying on the business of selling by one who was required to register and who had not; but the proof tended to show nothing except the purchase by respondent of narcotics in or from an unstamped package. One who only buys or sells in or from unstamped packages is not required to register. Weaver v. U. S. (C. C. A.)

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