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LEWIS v. UNITED STATES

No. 11873.

170 F.2d 43 (1948)

LEWIS v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

October 8, 1948.

Attorney(s) appearing for the Case

Earl V. Clifford, of Tacoma, Wash., for appellant.

J. Charles Dennis, U.S. Atty., of Seattle, Wash., and Harry Sager, Asst. U.S. Atty., of Tacoma, Wash., for appellee.

Before BONE and ORR, Circuit Judges, and McCORMICK, District Judge.

BONE, Circuit Judge.

Appellant was convicted on three counts of falsely procuring prescriptions for narcotics in violation of 26 U.S.C.A. § 3793. Count I charged:

"On or about December 5, 1946 at Longview, Washington, Hazel Edna Lewis procured to be falsely and fraudulently executed by Dr. J. A. Nelson a certain document required by the provisions of the Internal Revenue Laws and Regulations made in pursuance thereof, to-wit, a physician's prescription...

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