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GRAHAM v. UNITED STATES

No. 13592.

257 F.2d 724 (1958)

William Condon GRAHAM, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

August 13, 1958.

Attorney(s) appearing for the Case

Ray L. Brock, Jr., Chattanooga, Tenn., and William E. Badgett, Knoxville, Tenn. (Hager Odom, Chattanooga, Tenn., on the brief), for appellant.

James M. Meek, Asst. U. S. Atty., Chattanooga, Tenn. (John C. Crawford, Jr., U. S. Atty., John F. Dugger, Asst. U. S. Atty., Knoxville, Tenn., on the brief), for appellee.

Before SIMONS, Chief Judge, and MILLER and STEWART, Circuit Judges.

SHACKELFORD MILLER, Jr., Circuit Judge.

The indictment in this case, returned in the Eastern District of Tennessee, charged that the appellant, William Condon Graham, on or about October 27, 1957, "purchased four hundred sixty-nine (469) one-half grain morphine sulphate tablets, a derivative of opium, not in or from the original stamped package.", in violation of Section 4704, Title 26 U.S.Code. In his first trial in January, 1958, the jury was unable to agree. There...

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