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GRAY v. UNITED STATES

No. 13773.

174 F.2d 919 (1949)

GRAY v. UNITED STATES.

United States Court of Appeals Eighth Circuit.

As Corrected on Denial of Rehearing June 6, 1949.

Rehearing Denied July 14, 1949.

Attorney(s) appearing for the Case

C. A. Taney, Jr., of Minneapolis, Minn. (Leonard L. Kalish, of Philadelphia, Pa., on the brief), for appellant.

Clifford F. Hansen, Asst. U. S. Atty., of St. Paul, Minn. (Alexander M. Campbell, Asst. Atty. Gen., John W. Graff, U. S. Atty., of St. Paul, Minn., and Vincent A. Kleinfeld, Atty., Dept. of Justice, and Bernard D. Levinson, Atty., Federal Security Agency, both of Washington, D. C., on the brief), for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and THOMAS, Circuit Judges.

WOODROUGH, Circuit Judge.

The appellant was convicted and sentenced to pay a fine of $1,000 and costs for introducing into interstate commerce a certain drug called Powdr-X contained in packages and misbranded, in violation of the Federal Food, Drug, and Cosmetic Act, § 301(a) et seq., 21 U.S.C.A. § 331(a) et seq. The information against him contained four counts but the jury found him not guilty on count 2, and count 4 was dismissed during the trial. The...

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