Legal Opinion

Di Preta v. United States

Court of Appeals for the Second Circuit

Decided December 15, 1920No. 75PublishedCited by 13 opinions

In Error to the District Court of the United States for the Southern District of New York. Michael A. Di Preta was convicted of a violation of the Harrison Act, and brings error.

1Opinion of the Court

HOUGH, Circuit Judge.

The plaintiff in error, who is a physician, was convicted upon one count of an indictment charging him with violations of the Harrison Act, 38 Slat. 785 (Comp. St. §§ 6287g-6287q). The court in question charged that on February 2, 1918, one Petraglia did within the jurisdiction of the court—

•‘knowingly, willfully, unlawfully, and feloniously dispense, distribute, sell, barter, and exchange to Gottlieb Haneke a certain quantity of a derivative of opium, to wit, GO grains * * * of heroin, not in pursuance of a written order of the said Gottlieb Uanelce oil a form issued in…

2Cases cited7 opinions

  1. Spies v. PeopleIllinois Supreme Court · 1887
  2. Jin Fuey Moy v. United StatesSupreme Court of the United States · 1920
  3. Branch v. FaustIndiana Supreme Court · 1888
  4. Webb v. United StatesSupreme Court of the United States · 1919
  5. People v. . BlivenNew York Court of Appeals · 1889

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Von Patzoll v. United StatesCourt of Appeals for the Tenth Circuit · 1947
  2. Nigro v. United StatesCourt of Appeals for the Eighth Circuit · 1941
  3. United States v. Regis Gary Tornabene, United States of America v. Jacob Joseph CaplanCourt of Appeals for the Third Circuit · 1955
  4. Collins v. United StatesCourt of Appeals for the Eighth Circuit · 1927
  5. People v. SmithMichigan Supreme Court · 1935

8 more not listed; retrieve them via the Exa API.

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