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CARLTON v. UNITED STATES

No. 13344.

198 F.2d 795 (1952)

CARLTON v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

August 29, 1952.

Attorney(s) appearing for the Case

Fred N. Howser and C. J. Scott, Los Angeles, Cal., for appellant.

Walter S. Binns, U.S. Atty., Ray H. Kinnison, George M. Treister, Assts. U.S. Attys., Los Angeles, Cal., for appellee.

Before DENMAN, Chief Judge, and STEPHENS and BONE, Circuit Judges.

BONE, Circuit Judge.

Appellant was indicted on four counts for violating 21 U.S.C.A. Section 174, pertinent portions of which are set forth below.1 The indictment charged: (1) the sale, on or about October 23, 1951, to Ralph M. Frias (a government agent), of approximately 401 grains of morphine; (2) the sale, on or about October 19, 1951, of 311 grains of morphine; (3) the receipt, concealment and facilitation of the transportation of...

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