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UNITED STATES v. ABDALLAH

No. 290.

149 F.2d 219 (1945)

UNITED STATES v. ABDALLAH.

Circuit Court of Appeals, Second Circuit.

May 2, 1945.

Attorney(s) appearing for the Case

Charles Wilson, of Brooklyn, N. Y., for defendant-appellant.

Mario Pittoni, Asst. U. S. Atty., of Brooklyn, N. Y. (T. Vincent Quinn, U. S. Atty., and Vine H. Smith, Asst. U. S. Atty., both of Brooklyn, N. Y., on the brief), for plaintiff-appellee.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

This is an appeal by a physician, in practice since 1917, from conviction by a jury and concurring sentences of imprisonment on three counts of violating 26 U.S. C.A. Int.Rev.Code, § 2554 (a), by selling morphine without a written order on a form issued for that purpose by the Secretary of the Treasury. The unlawful acts of which he was found guilty consisted of the issuance of prescriptions of the drug to an addict. The government's contention...

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