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FINA v. UNITED STATES

No. 284.

46 F.2d 643 (1931)

FINA v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

January 5, 1931.

Attorney(s) appearing for the Case

Granby Hillyer, of Denver, Colo., for appellant.

Ralph L. Carr, U. S. Atty., and Ivor O. Wingren, Asst. U. S. Atty., both of Denver, Colo.

Before PHILLIPS and McDERMOTT, Circuit Judges, and POLLOCK, District Judge.

POLLOCK, District Judge.

Appellant was indicted in the District Court for a violation of the Harrison Anti-Narcotic Act (26 USCA § 211, 691-707). The indictment contains nine counts. Counts 1 to 5 were dismissed. He was tried and convicted on counts 6 to 9, inclusive, and appeals.

The sixth count charged an unlawful sale of three grains of morphine not in or from the original stamped package. Count 7 charged the sale of the same morphine not in pursuance...

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