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HUBBY v. UNITED STATES

No. 11281.

150 F.2d 165 (1945)

HUBBY v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

July 10, 1945.

Attorney(s) appearing for the Case

James P. Hart, of Austin, Tex., for appellant.

W. R. Smith, Jr., U. S. Atty., T. Gilbert Sharpe, Asst. U. S. Atty., and H. W. Moursund, Sp. Atty., Department of Justice, all of San Antonio, Tex., for appellee.

Before SIBLEY, HUTCHESON, and LEE, Circuit Judges.

LEE, Circuit Judge.

Appellant was indicted, together with one Clarence Elliott Akin, for unlawfully dealing in narcotic drugs. The first and third counts charged defendants with unlawfully concealing narcotic drugs which to their knowledge had been imported into the United States contrary to law; and the second and fourth counts charged defendants with unlawfully selling narcotic drugs not in pursuance of a written order issued in blank for that purpose by the Secretary...

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