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CALLAHAN v. UNITED STATES

No. 95.

35 F.2d 633 (1929)

CALLAHAN et al. v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

October 29, 1929.

Attorney(s) appearing for the Case

Lee Bond, of Leavenworth, Kan. (John W. Wood, of Wichita, Kan., on the brief), for appellants.

A. H. Skinner, Asst. U. S. Atty., of Topeka, Kan. (Al F. Williams, U. S. Atty., and Marlin S. Casey, Asst. U. S. Atty., both of Topeka, Kan., on the brief), for the United States.

Before LEWIS, COTTERAL, and PHILLIPS, Circuit Judges.

COTTERAL, Circuit Judge.

John Callahan and Cecil Armendarez appeal from a sentence against them and Ed Martin, under the second count of an indictment, which charged them with a conspiracy to sell to Goldie Davis morphine not in or from an original stamped package, the overt acts alleged being that on February 12, 1928, at Wichita, Kan., Martin made the sale to her, and the appellants aided and abetted him in making it. The three defendants were also convicted under...

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