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BLOCKBURGER v. UNITED STATES

No. 4389.

50 F.2d 795 (1931)

BLOCKBURGER v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

June 11, 1931.

Attorney(s) appearing for the Case

Harold J. Bandy, of Granite City, Ill., for appellant.

Walter M. Provine, U. S. Atty., and Marks Alexander, Asst. U. S. Atty., both of Springfield, Ill.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.

SPARKS, Circuit Judge.

Appellant was charged by indictment with having violated what is commonly known as the Harrison Narcotic Act of 1914, as amended, and also what is commonly known as the Narcotic Drugs Import and Export Act of 1909, as amended. The indictment was in five counts. The first count alleged a sale to Ella Rush on May 27, 1929, of two grains of morphine hydrochloride not in or from an original stamped package. The second count alleged a sale to the...

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