Legal Opinion

Dean v. United States

Court of Appeals for the Ninth Circuit

Decided July 6, 1920No. 3460PublishedCited by 4 opinions

In Error to the District Court of the United States for the Southern Division of the Southern District of California; Benjamin F. Bledsoe, Judge. Criminal prosecution by the United States against Harry Dean. Judgment of conviction and defendant brings error.

1Opinion of the Court

GILBERT, Circuit Judge.

Error is assigned to the judgment on the ground that the. indictment failed to charge an offense against the United States. No objection was made to the indictment in the court below. It charged:

That the plaintiff in error did knowingly, etc., “sell, dispense, and distribute morphine and cocaine in six paper bags, ten small cardboard boxes, one small celluloid box, and one metal box, which said bags and boxes and either and each of them were not then and there the original stamped packages containing said morphine and said cocaine.”

It is said that to charge that the…

2Cited by4 opinions

  1. Wong Lung Sing v. United StatesCourt of Appeals for the Ninth Circuit · 1925
  2. Perez v. United StatesCourt of Appeals for the Ninth Circuit · 1926
  3. Flowers v. United StatesCourt of Appeals for the Eighth Circuit · 1936
  4. Ballestrero v. United StatesCourt of Appeals for the Ninth Circuit · 1925

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