NEEDELMAN v. UNITED STATES

No. 17022.

261 F.2d 802 (1958)

Harry NEEDELMAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

On Petition for Rehearing January 5, 1959.


Attorney(s) appearing for the Case

Ernest E. Roberts, Miami, Fla., for appellant.

O. B. Cline, Jr., Asst. U. S. Atty., Miami, Fla., James L. Guilmartin, U. S. Atty., Miami, Fla., for appellee.

Before RIVES, TUTTLE and JONES, Circuit Judges.


RIVES, Circuit Judge.

The appellant, a physician, and Walter Waxman, a druggist, were first tried on an indictment for conspiracy to violate Title 26 United States Code Section 4705 (a), that is, to sell certain narcotic drugs, to wit, codeine, methadon, and demerol, not in pursuance of the required written orders. The result was a mistrial.

Subsequently, another indictment containing fifteen counts was returned against the appellant alone, charging him with...

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