MARTIN v. UNITED STATES

No. 5494.

36 F.2d 954 (1930)

MARTIN v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 10, 1930.


Attorney(s) appearing for the Case

Jed. C. Adams and W. B. Harrell, both of Dallas, Tex. (Howard Dailey, of Dallas, Tex., on the brief), for appellant.

Norman A. Dodge, U. S. Atty., of Fort Worth, Tex., and Sarah Cory Menezes, Asst. U. S. Atty., of Dallas, Tex.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


FOSTER, Circuit Judge.

Appellant was indicted, together with Joe F. Cibello and Haskin W. Hancock, charged with unlawfully selling, dispensing, and distributing two ounces of morphine, from containers which were not the original stamped packages and did not have affixed thereto appropriate tax-paid stamps, to W. D. Ford. The other two defendants were acquitted. Error is assigned to the refusal to direct a verdict in favor of appellant.

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