FOOSHEE v. UNITED STATES

No. 12440.

223 F.2d 261 (1955)

Charles M. FOOSHEE, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

June 9, 1955.


Attorney(s) appearing for the Case

John M. O'Mara, Cincinnati, Ohio (Charles M. Fooshee, Jr., Springfield, Mo., pro se on the brief), for appellant.

Robert E. Joyner, Memphis, Tenn. (Millsaps Fitzhugh, Edward N. Vaden, Memphis, Tenn., on the brief), for appellee.

Before ALLEN, MARTIN and McALLISTER, Circuit Judges.


PER CURIAM.

This case comes on appeal from an order denying a motion to vacate sentence of ten years' imprisonment and a fine of $1,000 imposed by Judge Boyd in the United States District Court for the Western District of Tennessee for violation of the anti-narcotic laws of the United States.

In effect, the points raised on this appeal are that a physician's prescription for narcotics which contains on the direction of the defendant to whom the prescription...

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