Legal Opinion

Dysart v. United States

Court of Appeals for the Fifth Circuit

Decided January 11, 1921No. 3458PublishedCited by 10 opinions

In error to the District Court of the United States for the El Paso Division of the Western District of Texas; William R. Smith, Judge. J. C. Dysart was convicted of unlawfully selling narcotics, and he brings error.

1Opinion of the Court

BRYAN, Circuit Judge.

Plaintiff in error was convicted for violating section 2 of the so-called Harrison Anti-Narcotic Act. 38 Statutes at Large, 785 (Comp. St. § 6287h). The indictment contains eight counts, charging unlawful sales of morphine sulphate. The first seven counts are substantially identical, except that the name of the individual to whom the sale was alleged to have been made is different in each of said counts. The eighth count charged sales to a named individual and divers unknown persons. There was a verdict of guilty as charged in the first count, and not guilty as to the…

2Cases cited1 opinion

  1. Jin Fuey Moy v. United StatesSupreme Court of the United States · 1920

3Cited by10 opinions

  1. The People v. LewerenzIllinois Supreme Court · 1962
  2. Nigro v. United StatesCourt of Appeals for the Eighth Circuit · 1941
  3. Tedesco v. United StatesCourt of Appeals for the Ninth Circuit · 1941
  4. Strader v. United StatesCourt of Appeals for the Tenth Circuit · 1934
  5. Bush v. United StatesCourt of Appeals for the Fifth Circuit · 1927

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