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CHARLES v. UNITED STATES

No. 13903.

215 F.2d 831 (1954)

J. D. CHARLES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 1, 1954.

Attorney(s) appearing for the Case

Walter H. Duane, Robert B. MacMillan, San Francisco, Cal., for appellant.

A. William Barlow, U. S. Atty., Louis B. Blissard, Asst. U. S. Atty., Honolulu, Hawaii, Lloyd H. Burke, U. S. Atty., San Francisco, Cal., for appellee.

Before MATHEWS, HEALY and LEMMON, Circuit Judges.

MATHEWS, Circuit Judge.

On February 18, 1953, in the United States District Court for the District of Hawaii, appellant, J. D. Charles, also known as James D. Charles, and Henry K. Chung were indicted for violating 26 U.S.C.A. § 2553(a), 53 Stat. 271, 58 Stat. 721,1 which provided: "It shall be unlawful for any person to purchase, sell, dispense, or distribute any of the drugs mentioned in [26 U.S.C.A. § 2550 (a), 53 Stat. 269...

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