SAUVAIN v. UNITED STATES

No. 8160.

31 F.2d 732 (1929)

SAUVAIN v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

March 1, 1929.


Attorney(s) appearing for the Case

Edward E. Naber, of Kansas City, Mo. (J. H. Cowan, of Kansas City, Mo., on the brief), for plaintiff in error.

Roscoe C. Patterson, U. S. Atty., and Harry L. Thomas, Asst. U. S. Atty., both of Kansas City, Mo.

Before LEWIS, Circuit Judge, and WOODROUGH and McDERMOTT, District Judges.


McDERMOTT, District Judge.

The defendant was charged, in two counts, with possession and sale of narcotics. He was convicted and sentenced on both counts, and has appealed, assigning several errors, of which the more important will be noticed.

1. The conviction in the first count must be set aside. That count charged unlawful possession without having registered as a dealer or paid the tax. It is admitted that the morphine in question was not in a stamped...

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