UNITED STATES v. BOYD

No. 9470.

337 F.2d 613 (1964)

UNITED STATES of America, Appellee, v. Hubert O. BOYD, Appellant.

United States Court of Appeals Fourth Circuit.

Decided October 16, 1964.


Attorney(s) appearing for the Case

Lewis S. Pendleton, Jr., Richmond, Va. (Peter W. Runkle, Charles Leppert, Jr., and Pendleton & Runkle, Richmond, Va., on brief), for appellant.

Samuel W. Phillips, Asst. U. S. Atty. (C. V. Spratley, Jr., U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, FAHY and BRYAN, Circuit Judges.


PER CURIAM.

Upon four counts of an information a jury found Hubert O. Boyd guilty of dispensing certain toxic drugs without a prescription, after their shipment in interstate commerce, in violation of the Federal Food, Drug, and Cosmetic Act, particularly sections 331(k), 353(b) (1) (B) and 333. On his appeal from the judgment of conviction and sentence, we find the evidence insufficient to justify the verdict on the first three charges inasmuch as it failed to establish...

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