No. 12817.

145 F.2d 3 (1944)


Circuit Court of Appeals, Eighth Circuit.

October 14, 1944.

Attorney(s) appearing for the Case

Harvey Roney, of Kansas City, Mo., for appellant.

Thomas A. Costolow, Asst. U. S. Atty., of Kansas City, Mo. (Maurice M. Milligan, U. S. Atty., and David A. Thompson, Asst. U. S. Atty., both of Kansas City, Mo., on the brief), for appellee.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.

SANBORN, Circuit Judge.

The appellant (who will be referred to as "defendant") on September 7, 1943, entered a plea of not guilty to an indictment which was returned on January 21, 1932. The indictment contained ten counts, each of which charged a separate sale of morphine in Kansas City, Missouri, in violation of § 2553(a) of 26 U.S.C.A.Int.Rev. Code, 53 Stat. 271. This statute makes it unlawful to "sell, dispense, or distribute" certain drugs, including morphine...

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