Hankins v. United States

BRYAN, Circuit Judge.

Appellant was convicted on the eighth count of an indictment which charged him with selling a quantity of morphine, a derivative of opium, without receiving the written order required by 26 USCA § 696. He was also convicted on several other similar counts; but as the sentence was less than could have been imposed under the eighth count it is necessary to consider only the errors assigned which relate to it. Brown v. United States (C. C. A.) 2 F.(2d) 589; Friscia v. United States (C. C. A.) 63 F.(2d) 977. It is argued in behalf of appellant that the jury was prejudiced…