UNITED STATES v. HYMOWITZ

No. 193, Docket 22260.

196 F.2d 819 (1952)

UNITED STATES v. HYMOWITZ.

United States Court of Appeals Second Circuit.

Decided May 5, 1952.


Attorney(s) appearing for the Case

Myles J. Lane, U. S. Atty. for the Southern District of New York, New York City, (Thomas F. Burchill, Jr., and Norman S. Beier, Asst. U. S. Attys., New York City, of counsel), for United States.

Michael P. Direnzo, New York City, (Mordecai M. Merker, New York City, of counsel), for defendant-appellant.

Before L. HAND, AUGUSTUS N. HAND and CHASE, Circuit Judges.


CHASE, Circuit Judge.

The appellant was tried by the court, a trial by jury having lawfully been waived, upon an indictment containing nineteen counts. The odd numbered counts, with the exception of number nineteen, each charged a sale of approximately one ounce of morphine sulphate in violation of § 2554(a) of Title 26 U.S.C.A. Each of the even numbered counts and count nineteen charged the appellant with having obtained, in violation of § 2554(g) of Title...

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