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McFARLAND v. UNITED STATES

No. 6990.

65 F.2d 74 (1933)

McFARLAND v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

May 8, 1933.

Attorney(s) appearing for the Case

H. Sylvester Garvin, of Seattle, Wash., for appellant.

Anthony Savage, U. S. Atty., and Hamlet P. Dodd, Asst. U. S. Atty., both of Seattle, Wash.

Before WILBUR, SAWTELLE, and MACK, Circuit Judges.

SAWTELLE, Circuit Judge.

Count I of the indictment charged that on March 31, 1932, in the city of Seattle, Wash., appellant "did then and there knowingly, wilfully, unlawfully, and feloniously, and not in the original stamped package, nor from the original stamped package, nor in pursuance of a written order form," purchase 85 grains of morphine, in violation of the Harrison Narcotic Act (26 USCA §§ 211, 691, et seq...

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