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DE FREESE v. UNITED STATES

No. 17457.

270 F.2d 737 (1959)

Samuel J. DE FREESE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 4, 1959.

Attorney(s) appearing for the Case

Arthur D. Herrick, New York City, for appellant.

Frank O. Evans, U. S. Atty., Floyd M. Buford, Asst. U. S. Atty., Macon, Ga., for appellee. Alvin L. Gottlieb, William J. Risteau, Attys., Dept. of Health, Education, and Welfare, Washington, D. C., J. Robert Sparks, Asst. U. S. Atty., James W. Dorsey, U. S. Atty., Atlanta, Ga., of counsel.

Before JONES, BROWN, and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

The appellant, Samuel J. DeFreese, a physician, was indicted for violation of the Federal Food, Drug, and Cosmetic Act. 21 U.S.C.A. § 301 et seq. He was tried before a jury and found guilty on each of three counts. We affirm the conviction.

Counts one and two of the information charged Dr. DeFreese with dispensing, without a prescription, dl-amphetamine1 sulphate...

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