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UNITED STATES v. LAWLER

No. 16758.

413 F.2d 622 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Theodore LAWLER, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied August 26, 1969.

Attorney(s) appearing for the Case

Jo-Anne F. Wolfson, Chicago, Ill., for appellant.

Thomas A. Foran, U. S. Atty., John L. Conlon, Asst. U. S. Atty., Chicago, Ill., for appellee, John Peter Lulinski, Michael B. Nash, Asst. U. S. Attys., of counsel.

Before KILEY, CUMMINGS and KERNER, Circuit Judges.

CUMMINGS, Circuit Judge.

In August 1967, defendant Theodore Lawler, also known as Mousey, was indicted for a March 22, 1967, sale of 73.908 grams of heroin to Frank Corcoran in Chicago, in violation of Section 4705(a) of the Internal Revenue Code.1 This Section, derived from the Harrison Act of 1914, provides:

"It shall be unlawful for any person to sell, barter, exchange, or give away narcotic drugs except in pursuance of a written...

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