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UNITED STATES v. MEDINA

No. 71-1014.

455 F.2d 209 (1971)

UNITED STATES of America, Appellee, v. Luis M. MEDINA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

December 27, 1971.

Attorney(s) appearing for the Case

Gerardo Ortiz Del Rivero, San Juan, for appellant.

James B. Tucker, Atty., Dept. of Justice, with whom Julio Morales Sanchez, U. S. Atty., was on brief, for appellee.

Before COFFIN, Circuit Judge, VAN OOSTERHOUT,, Senior Circuit Judge, and STEPHENSON,* Circuit Judge.

COFFIN, Circuit Judge.

Appellant was convicted in a jury trial of selling a narcotic drug without a written order in violation of 26 U.S.C. § 4705(a). While counsel energetically urges several grounds for reversal, we fail to find sufficient merit in any.

Appellant first attacks the indictment as failing to add after "except in pursuance of a written order" the words "of the person to whom such article is sold". 26 U.S.C. § 4705(a). We are of the...

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