Legal Opinion

Gilmore v. United States

Court of Appeals for the Fifth Circuit

Decided November 23, 1920No. 3550PublishedCited by 3 opinions

In Error to the District Court of the United States for'the Western District of Texas; William R. Smith, Judge. Criminal prosecution by the United States against John Gilmore. Judgment of conviction, and defendant brings error.

1Opinion of the Court

KING, Circuit Judge.

The plaintiff in error, John Gilmore, was indicted jointly, with one Henry Araki, a Japanese, for purchase of 41 ounces of morphine sulphate not in or from the original stamped packages, in violation of the Act of Congress of December 17, 1914, known as the Harrison Anti-Narcotic Act, as amended by Revenue Act 1918, §§ 1006, 1007 (Comp. St. Ann. Supp. 1919, §§ 6287g, 6287l). *720This act, as'amended, levies a tax of one cent on each ounce or fraction thereof of opium, coca leaves, or any compound, salt, or derivative, or preparation thereof, produced, or imported into the…

2Cases cited4 opinions

  1. Goldsby v. United StatesSupreme Court of the United States · 1895
  2. United States v. DoremusSupreme Court of the United States · 1919
  3. Chadwick v. United StatesCourt of Appeals for the Sixth Circuit · 1905
  4. Franklin v. South CarolinaSupreme Court of the United States · 1910

3Cited by3 opinions

  1. Milton v. United StatesCourt of Appeals for the D.C. Circuit · 1940
  2. Lanier v. United StatesCourt of Appeals for the Fifth Circuit · 1921
  3. Owsley v. United StatesCourt of Appeals for the Fifth Circuit · 1933

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