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NIGRO v. UNITED STATES

No. 11778.

117 F.2d 624 (1941)

NIGRO v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

February 4, 1941.

Attorney(s) appearing for the Case

William S. Hogsett, of Kansas City, Mo. (George Reinhardt, of Kansas City, Mo., on the brief), for appellant.

Otto Schmid, Asst. U. S. Atty., of Kansas City, Mo. (Maurice M. Milligan, U. S. Atty., and Richard K. Phelps and William Orr Sawyers, Asst. U. S. Attys., all of Kansas City, Mo., on the brief), for appellee.

Before STONE, GARDNER, and THOMAS, Circuit Judges.

THOMAS, Circuit Judge.

The appellant, a physician, was named as a defendant in two indictments. In one of the indictments he with eight others and "divers and numerous" other unknown persons were charged with a conspiracy to violate the Harrison Anti-Narcotic Act, Title 26 U.S.C. § 1044; section 2554, Title 26 U.S.C.A. Int.Rev.Code, 53 Stat. 272. The other indictment, in four counts, charged the appellant and two others with sales of morphine sulphate, a derivative...

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