STAHL v. UNITED STATES

No. 12822.

144 F.2d 909 (1944)

STAHL v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

October 18, 1944.


Attorney(s) appearing for the Case

William L. Vandeventer, of Springfield, Mo., for appellant.

Otto Schmid, Asst. U. S. Atty., of Kansas City, Mo. (Maurice M. Milligan, U. S. Atty., and Sam O. Hargus, Asst. U. S. Atty., both of Kansas City, Mo., on the brief), for appellee.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.


WOODROUGH, Circuit Judge.

The appellant, Dr. Fred A. Stahl, was convicted on two counts of an indictment containing three counts, charging sales of morphine at Springfield, Missouri, to one Joe Griffin "not in the course of his professional practice only", in violation of 26 U.S.C.A. Int.Rev.Code, § 2553, and he appeals. The first count, on which appellant was acquitted, charged the sale of 54 quarter-grains of morphine sulphate on September 3, 1943; the second...

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