FOOSHEE v. UNITED STATES

No. 14268.

203 F.2d 247 (1953)

FOOSHEE v. UNITED STATES.

United States Court of Appeals, Fifth Circuit.

March 30, 1953.


Attorney(s) appearing for the Case

H. Jackson Daniel, St. Louis, Mo., Leonard B. Levy, New Orleans, La., Salkey & Jones, St. Louis, Mo., for defendant-appellant.

Cavett S. Binion, Asst. U. S. Atty., Frank B. Potter, U. S. Atty., and Charles Lindsey, Sp. Asst. to U. S. Atty., Fort Worth, Tex., for appellee, United States.

Before HUTCHESON, Chief Judge, and HOLMES and RIVES, Circuit Judges.


HUTCHESON, Chief Judge.

Convicted on his plea of guilty of having violated section 494, Title 18 U.S.C. by causing to be uttered and published as true upon one F. D. Jones and one Earl D. Hicks, pharmacists, prescriptions for narcotic drugs purportedly issued to C. M. Moore, a false and fictitious name, appellant was sentenced to serve two years with hospitalization at the United States Medical Center in Springfield, Missouri.

On October 10, 1951, while still...

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