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MARKS v. UNITED STATES

No. 19541.

310 F.2d 49 (1962)

Walter T. MARKS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

November 23, 1962.

Attorney(s) appearing for the Case

William C. O'Kelley, O'Kelley & Hopkins, Atlanta, Ga., for appellant.

Bobby C. Milan, Asst. U. S. Atty., Atlanta, Ga., Charles L. Goodson, U. S. Atty., Walter E. Byerly, Atty., Food & Drug Div., Dept. of Health, Education and Welfare, for appellee.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and JOHNSON, District Judge.

JOHNSON, District Judge.

Walter T. Marks, the appellant, was convicted on five counts of a ten-count criminal information filed by the United States charging him with specific violations of Title 21 U.S.C. § 331(k).1 Each count charges that on different occasions the appellant caused an act to be done with respect to a drug while it was being held for sale after shipment in interstate commerce — in effect, refilling a prescription...

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