LOWERY v. UNITED STATES

No. 10965.

156 F.2d 153 (1946)

LOWERY v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

June 14, 1946.


Attorney(s) appearing for the Case

Henry Clay Agnew, of Seattle, Wash., for appellant.

J. Charles Dennis, U. S. Atty., and Allan Pomeroy, Asst. U. S. Atty., both of Seattle, Wash., for appellee.

Before GARRECHT, DENMAN, and BONE, Circuit Judges.


BONE, Circuit Judge.

Appellant was indicted and tried before a jury on five counts, all involving narcotics. She was acquitted as to four counts and convicted on Count 4 (laid under Sec. 2553(a), I.R.C., 26 U.S.C.A. Int.Rev.Code, § 2553(a), which accused her of purchasing 10 grains of opium, prepared for smoking, not in the original stamped package nor from the original stamped package. She assigns as error that the court denied her challenge to the sufficiency...

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