UTLEY v. UNITED STATES

No. 9370.

115 F.2d 117 (1940)

UTLEY v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Writ of Certiorari Denied January 6, 1941.


Attorney(s) appearing for the Case

A. Brigham Rose, of Los Angeles, Cal., for appellant.

Wm. Fleet Palmer, U. S. Atty., of Los Angeles, Cal., for appellee.

Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.


Writ of Certiorari Denied January 6, 1941. See 61 S.Ct. 440, 85 L.Ed. ___.

MATHEWS, Circuit Judge.

Appellant was indicted in two counts. Count 1 charged that appellant had purchased, sold, dispensed and distributed approximately 200 grains of smoking opium which was not in, nor from, the original stamped package — a violation of § 2553(a) of the Internal Revenue Code,1 26 U.S.C.A. Int.Rev.Code, § 2553(a). Count...

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