United States v. Leach

TUTTLE, District Judge.

After careful consideration of the motion for a new trial and of the entire record in the cause, including the indictment, I have reached the conclusion that, aside from any other question involved, the indictment is so defective in its allegations that it fails to charge any offense cognizable in this court.

The statute on which the government relies is the so-called Harrison Anti-Narcotic Law (the act of Congress of December 17, 1914, c. 1, 38 Statutes at Large, 785 [Comp. St. §§ 6287g-6287q]). Section 1 of that act provides, among other things, that “every person who…