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DU VALL v. UNITED STATES

No. 7908.

82 F.2d 382 (1936)

DU VALL v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

March 2, 1936.

Attorney(s) appearing for the Case

Leslie C. Hardy, of Phoenix, Ariz., and Otto E. Myrland, of Tucson, Ariz., for appellant.

F. E. Flynn, U. S. Atty., of Phoenix, Ariz., and K. Berry Peterson, Asst. U. S. Atty., of Tucson, Ariz., for appellee.

Before WILBUR, GARRECHT, and HANEY, Circuit Judges.

WILBUR, Circuit Judge.

The appellant, a physician, was charged in each of two counts of an indictment with selling morphine sulphate, a derivative of opium, to Pat Rooney, an addict. The first count charges the sale of four grains on March 26, 1935, and the second count charges the sale of three grains on the same day. After alleging the sale of the opium derivative, the indictment alleges that the sale was not in pursuance...

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