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HOOD v. UNITED STATES

No. 1165.

76 F.2d 275 (1935)

HOOD v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

March 15, 1935.

Attorney(s) appearing for the Case

John Howard Payne and Warren K. Snyder, both of Oklahoma City, Okl., for appellant.

William C. Lewis, U. S. Atty., and George E. Massey, Jr., Asst. U. S. Atty., both of Oklahoma City, Okl.

Before LEWIS, McDERMOTT, and BRATTON, Circuit Judges.

BRATTON, Circuit Judge.

This was a prosecution for the unlawful possession and sale of narcotics. The first count in the indictment charged the sale of a certain derivation of opium, namely, 259 grains of morphine hydrochloride not being in the original stamped package or from it. The second charged a similar sale of 298 grains, and the third charged possession of the morphine described in the second count. Appellant was convicted on the first and second counts and...

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