SPARKS, Circuit Judge.
Appellant Klein, with Harry Lerner, was charged by grand jury indictment with the violation of the narcotic laws and with conspiracy. The first count charged them with the sale of eight ounces and forty-eight grains of morphine to Andrew Koehn for $535, on June 1, 1938, without an order from him on a form issued by the Commissioner of Internal Revenue, as required by 26 U.S.C.A. § 1044(a). The second count charged them with having received...
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