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FLYNN v. TEMPLETON

1 F.Supp. 238 (1932)

FLYNN v. TEMPLETON et al.

District Court, W. D. New York.

August 8, 1932.

Attorney(s) appearing for the Case

Hugh J. O'Brien, of Rochester, N. Y., for complainant.

Richard H. Templeton, Dist. Atty., and Justin Morgan, Asst. Dist. Atty., both of Buffalo, N. Y., for defendants.

KNIGHT, District Judge.

This case presents an unusual question. In September, 1925, defendant was convicted for violation of section 2 of the so-called Harrison Narcotic Act (26 USCA § 696). He was thereupon sentenced to serve two years and six months in Atlanta Penitentiary. He was paroled in November, 1928. The Circuit Court of Appeals for the Second Circuit affirmed the judgment of conviction. Flynn v. U. S.,

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