UNITED STATES v. LEIGH

No. 74-3209.

513 F.2d 784 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Henry T. LEIGH, M.D., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 24, 1975.


Attorney(s) appearing for the Case

Leland D. Sutton, Odessa, Tex., G. Bert Smith, Jr., Andrews, Tex., for defendant-appellant.

John E. Clark, U. S. Atty., Wayne F. Speck, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before TUTTLE, GODBOLD and MORGAN, Circuit Judges.


LEWIS R. MORGAN, Circuit Judge:

Appellant, a physician, was convicted by a jury of eight counts of violating 21 U.S.C. § 841(a)(1), for unlawfully dispensing a controlled substance by prescription. Because of a critical error in the trial judge's charge to the jury, we reverse the conviction.

As part of his defense, appellant called numerous character witnesses who testified that his reputation for truth and for being a law abiding citizen in the community...

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