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FLOWERS v. UNITED STATES

No. 10495.

83 F.2d 78 (1936)

FLOWERS v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

April 8, 1936.

Attorney(s) appearing for the Case

Clarence E. Walsh, of Omaha, Neb., for appellant.

Frederick G. Hawxby, Asst. U. S. Atty., of Omaha, Neb. (Joseph T. Votava, U. S. Atty., Ambrose C. Epperson, Asst. U. S. Atty., both of Omaha, Neb., and Barlow Nye, Asst. U. S. Atty., of Lincoln, Neb., on the brief), for the United States.

Before GARDNER, VAN VALKENBURGH, and FARIS, Circuit Judges.

FARIS, Circuit Judge.

Appellant, hereinafter referred to as the defendant, was indicted in four counts for violations of the Harrison Anti-Narcotic Act, as amended section 1043 (a), title 26 U. S.C.A. Prior to the trial, counts 1 and 2 were dismissed by the government, and on a trial to a jury he was convicted on counts 3 and 4, and sentenced on each of the latter counts to imprisonment in a penitentiary for a term of three years; sentences to run concurrently.

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