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RANDOLPH v. UNITED STATES

No. 9545.

165 F.2d 20 (1947)

RANDOLPH v. UNITED STATES.

United States Court of Appeals District of Columbia.

Decided December 8, 1947.

Attorney(s) appearing for the Case

Mr. M. Edward Buckley, Jr., of Washington, D. C., for appellant.

Mr. C. Frank Reifsnyder, Assistant United States Attorney, of Washington, D. C., with whom Messrs. George Morris Fay, United States Attorney, Arthur J. McLaughlin, Assistant United States Attorney, and Sidney S. Sachs, Assistant United States Attorney, all of Washington, D. C., were on the brief, for appellee. Mr. John D. Lane, Assistant United States Attorney, of Washington, D. C., also entered an appearance for appellee.

Before EDGERTON, WILBUR K. MILLER, and PRETTYMAN, Associate Justices.

PER CURIAM.

Appellant has been convicted under an indictment which charged that he sold a certain narcotic drug "not in the original stamped package and not from the original stamped package." Appellant contends that this does not sufficiently charge the statutory offense of selling a narcotic drug "except in the original stamped package or from the original stamped package." 26 U.S.C.A. Int.Rev.Code, § 2553(a). But the indictment plainly excludes both of the...

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