George Gambill v. United States

SIMONS, Senior Judge.

Appellant was convicted and sentenced, after trial to a jury, for unlawfully purchasing cocaine, morphine, phensal and digalen tablets, allegedly derivatives of opium and cocoa leaves. It was discovered that phensal and digalen are not narcotics and the Government so concedes. When the chemist, who had analyzed the tablets, was called to testify, defendant’s counsel stipulated that all the tablets were narcotic drugs and opium derivatives.

By reason of the fact that the indictment charged more than the Government was prepared to prove, and the stipulation covered some…