SMITH v. UNITED STATES

No. 148.

38 F.2d 632 (1930)

SMITH v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

February 8, 1930.


Attorney(s) appearing for the Case

Orban Patterson, of Oklahoma City, Okl., for appellant.

Roy St. Lewis, U. S. Atty., and Herbert K. Hyde and William Earl Wiles, Asst. U. S. Attys., all of Oklahoma City, Okl.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.


PER CURIAM.

Hugh Smith was convicted and sentenced on three counts of an indictment, the first of which charged the unlawful possession, on August 13, 1928, of a derivative of opium, to wit, 200 grains of morphine, not being in the original stamped package or from the original stamped package. The second count charged the unlawful sale, on August 13, 1928, of such morphine, not being in the original stamped package or from the original stamped package. The third count...

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