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HAYES v. UNITED STATES

No. 9129.

52 F.2d 388 (1931)

HAYES v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

September 8, 1931.

Attorney(s) appearing for the Case

Eugene D. O'Sullivan, of Omaha, Neb. (Charles J. Southard, of Omaha, Neb., on the brief), for appellant.

Edson Smith, Asst. U. S. Atty., of Omaha, Neb. (Charles E. Sandall, U. S. Atty., and Ambrose C. Epperson, Asst. U. S. Atty., both of Omaha, Neb., Robert Van Pelt, Asst. U. S. Atty., of Lincoln, Neb., and Lawrence I. Shaw, Asst. U. S. Atty., of Omaha, Neb., on the brief), for the United States.

Before STONE and GARDNER, Circuit Judges, and YOUMANS, District Judge.

STONE, Circuit Judge.

This is an appeal from a conviction on two counts of an indictment, containing three counts, each for a separate sale of narcotics.

Appellant urges here three matters, which are insufficiency of the indictment, error in admission of evidence, and error in refusal to charge.

I. Indictment.

Each of the two counts of the indictment upon which there was conviction was in the same form and charged a sale of morphine as "about...

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