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HOOD v. UNITED STATES

No. 88.

43 F.2d 353 (1930)

HOOD v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

August 2, 1930.

Attorney(s) appearing for the Case

David Tant, of Oklahoma City, Okl. (Morris & Tant, of Oklahoma City, Okl., on the brief), for appellant.

Herbert K. Hyde, Asst. U. S. Atty., of Oklahoma City, Okl. (Roy St. Lewis, U. S. Atty., and William Earl Wiles, Asst. U. S. Atty., both of Oklahoma City, Okl., on the brief), for the United States.

Before LEWIS, COTTERAL, and McDERMOTT, Circuit Judges.

McDERMOTT, Circuit Judge.

The defendant was convicted of violations of the Federal Narcotic Act (26 USCA § 211 and § 691 et seq.), there being two counts of the indictment.

The trial court overruled demurrers leveled at each count of the indictment, and error is assigned on such rulings. The defendant's main contention is that neither count sufficiently identifies or "earmarks" the offense charged. It is settled law in this circuit that in charging...

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