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YEP v. UNITED STATES

No. 1281.

81 F.2d 637 (1936)

YEP v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

January 27, 1936.

Attorney(s) appearing for the Case

Charles J. Moynihan, of Montrose, Colo. (Moynihan, Hughes & Knous, of Montrose, Colo., on the brief), for appellant.

David H. Morris, Asst. U. S. Atty., of Denver, Colo. (Thomas J. Morrissey, U. S. Atty., of Denver, Colo., on the brief), for the United States.

Before LEWIS, PHILLIPS, and BRATTON, Circuit Judges.

PHILLIPS, Circuit Judge.

Joe S. Yep and Luie Ben Seung were charged by an indictment containing eight counts with violation of 26 U.S.C.A. §§ 1043, 1044 and 21 U.S.C.A. § 174.

The first count charged that the defendants purchased one and one-half grains of morphine not in or from the original stamped package.

The second count charged that the defendants sold to Lon J. Moss one and one-half grains of morphine not in or from the original...

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