Owsley v. United States

BRYAN, Circuit Judge.

Appellant was convicted on three counts of an indictment, each of which charged a separate sale of morphine without the written order required by statute, 26 USCA § 692; and was sentenced on each of two of the counts to imprisonment for five years, the sentences to run concurrently, and on the other count to pay a fine of $5,006.

He assigns error on the refusal of the trial court to grant a continuance. The motion for continuance set out: Two morphine addicts, Mills and Middleton, would testify that they bought morphine from appellant in the hall of a building adjoining…