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DAILEY v. UNITED STATES

No. 16849.

261 F.2d 870 (1958)

Willie Hugh DAILEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 11, 1959.

Attorney(s) appearing for the Case

Walter B. Fincher, of Fincher & Pruitt, Atlanta, Ga., for appellant.

James W. Dorsey, U. S. Atty., John W. Stokes, Jr., Asst. U. S. Atty., Atlanta, Ga., for appellee.

Before RIVES, BROWN and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

Willie Hugh Dailey was indicted, tried, and convicted on two counts of violating the narcotic laws. 26 U.S.C.A. §§ 4722, 5705(a). He was sentenced to five years on each count, the sentences to run concurrently. We affirm the judgment.

Dailey was a pharmacist for a drug-store in Atlanta, Georgia. April 16, 1957, without a prescription, Dailey sold twenty tablets of one-grain morphine sulphate to a merchant seaman for $100. The...

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