Hood v. United States

LEWIS, Circuit Judge.

Appellant and his wife were convicted on the first count of an indictment which charged them with selling, dispensing and delivering a certain derivative of opium, to-wit, approximately 337 grains of morphine hydrochloride not in or from the original stamped package to a named person at a stated time and place. 26 U. S. Code, § 692, 26 USCA § 692. An indictment almost identical with this count was upheld in Jack Hubert Hood v. United States (C. C. A. 10) 76 F.(2d) 275, 276.

The second count charged that the persons named above, at a stated time and place, received,…