No. 86.

315 U.S. 257 (1942)


Supreme Court of United States.

Decided February 2, 1942.

Attorney(s) appearing for the Case

Mr. Fred Patterson submitted for petitioner.

Solicitor General Fahy, with whom Assistant Attorney General Berge and Messrs. Oscar A. Provost, Louis B. Schwartz, and W. Marvin Smith were on the brief, for the United States.

MR. JUSTICE MURPHY delivered the opinion of the Court.

Petitioner, a practicing physician, was convicted on eight counts of an indictment charging violation of § 6 of the Harrison Anti-Narcotic Act, as amended.1 That section, so far as here material, provides:

"That the provisions of this Act shall not be construed to apply to the manufacture, sale, distribution, giving away, dispensing...

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