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ROTH v. UNITED STATES

No. 16159.

270 F.2d 655 (1959)

Marvin ROTH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

October 8, 1959.

Attorney(s) appearing for the Case

Bernard J. Mellman, St. Louis, Mo. (Morris A. Shenker, St. Louis, Mo., was with him on the brief), for appellant.

John A. Newton, Asst. U. S. Atty., St. Louis, Mo. (Harry Richards, U. S. Atty., St. Louis, Mo., was with him on the brief), for appellee.

Before GARDNER and VOGEL, Circuit Judges, and MICKELSON, District Judge.

GARDNER, Circuit Judge.

This case was commenced by the filing of an Information charging appellant Marvin Roth, a registered pharmacist, with the unlawful sale of drugs. The Information contained eight counts. Counts One and Two of the Information charged illegal sales of tincture opium camphorated, or paregoric, in violation of Section 4705(a), Title 26 U. S.C., while Counts Three to Eight, inclusive, of the Information charged illegal sales of dextro amphetamine...

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