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FREEMAN v. UNITED STATES

No. 8111.

86 F.2d 243 (1936)

FREEMAN v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

November 18, 1936.

Attorney(s) appearing for the Case

Roy S. Drennan and Robert B. Giles, both of Atlanta, Ga., for appellant.

Lawrence S. Camp, U. S. Atty., and J. E. Mundy and M. Neil Andrews, Asst. U. S. Attys., all of Atlanta, Ga.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

The appellant, convicted on twelve counts of an indictment charging violations of section 2 of the Harrison Anti-Narcotic Act (26 U.S.Code § 1044, 26 U.S.C.A. § 1044), assigns as error the action of the trial court in overruling his demurrer to each of the counts. By the demurrer, the contention was made that the allegation in each count, "in the course of his professional practice only," was a conclusion of the pleader, since it did...

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