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LANDSBOROUGH v. UNITED STATES

No. 10565.

168 F.2d 486 (1948)

LANDSBOROUGH v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

June 1, 1948.

Attorney(s) appearing for the Case

Wayne E. Miller, of Cleveland, Ohio (Wayne E. Miller, of Cleveland, Ohio, of counsel; and Griswold, Leeper, Miller & Corry, of Cleveland, Ohio, on the brief), for appellant.

Frank E. Steel, of Cleveland, Ohio (Don C. Miller, and Frank E. Steel, both of Cleveland, Ohio, on the brief), for appellee.

Before HICKS, ALLEN and MARTIN, Circuit Judges.

HICKS, Circuit Judge.

Appellant, Dr. Landsborough, was indicted and convicted of purchasing "a derivative of opium, to wit: forty (40) one-quarter grain Morphine Sulphate tablets, the same not being in the original stamped package, in violation of Section 2553, Title 26, United States Code [26 U.S.C.A. Int. Rev.Code, § 2553]." He appealed.

The Government's evidence in resume is: that appellant was a doctor but had no license to handle or dispense narcotics...

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