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HENRY v. UNITED STATES

No. 12534.

186 F.2d 521 (1951)

HENRY v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 14, 1951.

Attorney(s) appearing for the Case

Samuel Landau, W. Z. Fairbanks, Landau & Fairbanks and O. P. Soares, all of Honolulu, T. H., Herbert Chamberlin, San Francisco, Cal., for appellant.

Ray J. O'Brien, U. S. Atty., Nat Richardson, Jr., Howard K. Hoddick, Asst. U. S. Attys., Honolulu, T. H., Frank J. Hennessy, U. S. Atty., San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge, and ORR and POPE, Circuit Judges.

ORR, Circuit Judge.

Appellant was charged in the United States District Court for the District of Hawaii with (1) purchasing drugs other than in the original stamped package, in violation of 26 U.S.C.A. § 2553(a), and (2) acquiring marihuana without having paid the transfer tax imposed by 26 U.S.C.A. § 2590(a), in violation of 26 U.S.C.A. § 2593(a). He was convicted and appeals.

William K. Wells, a...

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