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CARY v. UNITED STATES

Nos. 7743, 7744.

86 F.2d 461 (1936)

CARY et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

November 16, 1936.

Attorney(s) appearing for the Case

I. Henry Harris, of Los Angeles, Cal. (William C. Ring, of Los Angeles, Cal., of counsel) for appellant Williams.

Murphy & Doherty, Emmett E. Doherty, and Harry W. Dudley, all of Los Angeles, Cal., for appellant Cary.

Peirson M. Hall, U. S. Atty., and M. G. Gallaher and Jack Irwin, Asst. U. S. Attys., all of Los Angeles, Cal., for the United States.

Before WILBUR, GARRECHT and HANEY, Circuit Judges.

HANEY, Circuit Judge.

Defendants Cary and Williams are physicians, and were indicted jointly in five counts for selling, bartering and dispensing morphine by means of prescriptions in violation of 26 U.S.C.A. § 1044. Defendant Cary was convicted on all five counts, and defendant Williams was convicted on the fifth count only. A sixth count charged conspiracy, but both defendants were acquitted on that count. Each defendant...

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