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HELLER v. UNITED STATES

No. 4413.

104 F.2d 446 (1939)

HELLER v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

June 12, 1939.

Attorney(s) appearing for the Case

James H. Price and Benj. A. Bolt, both of Greenville, S. C., for appellant.

Thomas A. Wofford, Asst. U. S. Atty., of Greenville, S. C. (Oscar H. Doyle, U. S. Atty., and E. P. Riley, Asst. U. S. Atty., both of Greenville, S. C., on the brief), for the United States.

Before PARKER and SOPER, Circuit Judges, and HARRY E. WATKINS, District Judge.

PARKER, Circuit Judge.

The appellant, Dr. John Ross Heller, and one William C. Kuhn, manager and prescription clerk of a retail drug store, were indicted and convicted in the court below on a charge of conspiracy to violate Section 2 of the Harrison Narcotic Act. The plan of the conspiracy, as charged, was that Dr. Heller would write prescriptions for narcotic drugs, not for the treatment of bona fide patients, but to supply the cravings of persons who were drug addicts...

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