Callahan v. United States

COTTERAL, Circuit Judge.

John Calla^ han and Cecil Armendarez appeal from a sentence against them and Ed Martin, under the second count of an indictment, which charged them with a conspiracy to sell to Goldie Davis morphine not in or from an original stamped package, the overt acts alleged being that on February 12, 1928, at Wichita, Kan.,. Martin made the sale to her, and the appellants aided and abetted him in making it. Tbe three defendants were also convicted under tbe first count of tbe indictment, which charged them, with making that sale.

They filed a motion for a new trial, whiehl was…