DU VERNEY v. UNITED STATES

No. 12397.

181 F.2d 853 (1950)

DU VERNEY et al. v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

Rehearing Denied June 12, 1950.


Attorney(s) appearing for the Case

Ulma A. Abels, San Francisco, Cal., for appellant.

Frank J. Hennessy, U. S. Atty., Joseph Karesh, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before MATHEWS, STEPHENS and ORR, Circuit Judges.


MATHEWS, Circuit Judge.

Appellants, Lawrence P. Du Verney, alias Lawrence Du Verney, and Samuel N. Lewis, alias Cecil Lewis, were indicted in three counts. Count 1 charged that appellants, on or about August 3, 1949, in San Francisco, California, "unlawfully did sell, dispense and distribute, not in or from the original stamped package, a certain quantity of a derivative and preparation of morphine, to-wit, a lot of heroin, in quantity particularly described as one...

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