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MORRISON v. UNITED STATES

No. 19325.

365 F.2d 521 (1966)

Alvin T. MORRISON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 13, 1966.

Petition for Rehearing Denied October 7, 1966.

Attorney(s) appearing for the Case

Mr. J. Gordon Forester, Jr., Washington, D. C. (appointed by the District Court), for appellant.

Mr. Charles L. Owen, Asst. U. S. Atty., with whom Mr. John C. Conliff, Jr., U. S. Atty., at the time the brief was filed, Messrs. Frank Q. Nebeker and Donald S. Smith, Asst. U. S. Attys., were on the brief, for appellee. Mr. David G. Bress, U. S. Atty., also entered an appearance for appellee.

Before WILBUR K. MILLER, Senior Circuit Judge, and DANAHER and BURGER, Circuit Judges.

Petition for Rehearing En Banc Denied October 7, 1966.

BURGER, Circuit Judge:

Appellant appeals from his conviction on one count of a violation of 26 U.S.C. § 4704(a), a narcotics statute.

Appellant first claims that the indictment was defective because it was framed in terms of the statute, merely substituting the conjunctive for the statute's disjunctive and charging the defendant with having "purchased...

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