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COLEMAN v. UNITED STATES

No. 7871.

26 F.2d 870 (1928)

COLEMAN v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

May 25, 1928.

Attorney(s) appearing for the Case

Charles C. Madison, of Kansas City, Mo. (C. E. Walsh, of Omaha, Neb., on the brief), for plaintiff in error.

James C. Kinsler, U. S. Atty., of Omaha, Neb. (Ambrose C. Epperson and George A. Keyser, Asst. U. S. Attys., both of Omaha, Neb., Philip M. Aitken, Asst. U. S. Atty., of Lincoln, Neb., and William J. Froelich, Asst. U. S. Atty., of Omaha, Neb., on the brief), for the United States.

Before WALTER H. SANBORN and LEWIS, Circuit Judges, and PHILLIPS, District Judge.

PHILLIPS, District Judge.

Robert Coleman was charged by indictment containing thirteen counts with violations of section 1 of the Harrison Anti-Narcotic Act (U. S. Code, tit. 26, § 692 [26 USCA § 692; Comp. St. § 6287g]). The trial resulted in his conviction and sentence upon the eleventh, twelfth, and thirteenth counts. Each of these counts charged an unlawful sale of "a certain derivative of opium, to wit, * * * morphine, * * * said morphine not being...

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