ROWLETTE v. UNITED STATES

No. 9810.

392 F.2d 437 (1968)

Sidney Bernard ROWLETTE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

April 23, 1968.


Attorney(s) appearing for the Case

Frederick M. Kal, Denver, Colo. (William C. Erbecker, Indianapolis, Ind., on the brief), for appellant.

Donald E. Cordova, Asst. U. S. Atty., Denver, Colo. (Lawrence M. Henry, U. S. Atty., Denver, Colo., on the brief), for appellee.

Before LEWIS, SETH and HICKEY, Circuit Judges.


HICKEY, Circuit Judge.

Appellant, Rowlette, was convicted by the trial judge, sitting without a jury, of interstate transportation and sale of a designated non-narcotic drug delivered in unlabeled containers, in violation of 21 U.S.C. § 331(k), a section of the Federal Food, Drug, and Cosmetic Act. The court found Rowlette guilty, pronounced judgment, and sentenced him to one year imprisonment. This appeal followed.

In 1966 Rowlette sold Brown, an agent...

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