SULLIVAN v. UNITED STATES

No. 10217.

178 F.2d 723 (1949)

SULLIVAN v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided November 28, 1949.


Attorney(s) appearing for the Case

Mr. Louis Jongbloet, Washington, D. C., for the appellant. Mr. Leonard L. Leimbach, Washington, D. C., also entered an appearance for the appellant.

Mr. L. Clark Ewing, Assistant United States Attorney, Washington, D. C., with whom Messrs. George Morris Fay, United States Attorney, and Joseph M. Howard, Assistant United States Attorney, Washington, D. C., were on the brief, for appellee.

Before CLARK and PROCTOR, Circuit Judges, and MORRIS, District Judge, sitting by designation.


PROCTOR, Circuit Judge.

Appellant was convicted in the District Court for forging and uttering a physician's prescription for a narcotic drug "for the purpose of defrauding the United States," in violation of 18 U.S.C.A. § 494.

Of the contentions in appellant's behalf we think only one raises a question of importance. That concerns the intent with which he wrote the false prescription and presented it at a drug store. The prosecution contended that he...

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