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JAY v. UNITED STATES

No. 90.

35 F.2d 553 (1929)

JAY et al. v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied November 20, 1929.

Attorney(s) appearing for the Case

M. M. Thomas and J. B. Dudley, both of Oklahoma City, Okl. (Claude Nowlin and J. R. Spielman, both of Oklahoma City, Okl., on the brief), for appellants.

Roy St. Lewis, U. S. Atty., of Oklahoma City, Okl. (Herbert K. Hyde, Asst. U. S. Atty., of Oklahoma City, Okl., on the brief), for the United States.

Before PHILLIPS and McDERMOTT, Circuit Judges.

PHILLIPS, Circuit Judge.

The indictment in the instant case contains seven counts. The first count charges John Jay, Allie Jay, Ray Cook and Don McBee with a continuing conspiracy, from February 1, 1925, to January 18, 1928, to violate the Harrison Anti-Narcotic Act by unlawfully and feloniously purchasing, selling, dispensing and distributing morphine not in or from the original stamped package. The fifth, sixth and seventh counts charge such defendants with the...

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