United States v. Behrman
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. Error to a judgment- of the District Court sustaining a demurrer to an indictment. ■ The main enacting part of § 2 contemplates merely an external standard- and does not require - either guilty knowledge or guilty -intent.
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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. Error to a judgment- of the District Court sustaining a demurrer to an indictment. ■ The main enacting part of § 2 contemplates merely an external standard- and does not require - either guilty knowledge or guilty -intent. The question is whether the defendant’s action can be called a dispensing or prescription of drugs to a patient in the.course of defendant’s professional practice only, within the meaning of the ex-' ceptions. The so-called “ patient ” in this case was suffering from no disease except…
1Opinion of the CourtJustice Day
delivered the opinion of the court..
This case is here under the Criminal Appeals Act, 34 Stat. 1246. The statute involved is the Narcotic Drug Act of December 17, 1914, c. 1, § 2, a, 38 Stat. 785, 786.
This statute in § 2, subdivision a, makes it an offense to sell, barter, exchange, or give away any of the narcotic drugs named in the act except in pursuance of a written order of the person to whom such article, is sold, bartered, exchanged, or given, on a form to be issued in blank for that purpose by the Commissioner of Internal Revenue. It is further provided that nothing in the section…
Also in this document: Dissent.
2Cases cited6 opinions
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