Du Vall v. United States

WILBUR, Circuit Judge.

The appellant, a physician, was charged in each of two counts of an indictment with selling morphine sulphate, a derivative of opium, to Pat Rooney, an addict. The first count charges the sale of four grains on March 26, 1935, and the second count charges the sale of three grains on the same day. After alleging the sale of the opium derivative, the indictment alleges that the sale was not in pursuance of a written order to the addict on the blank provided by the Commissioner of Internal Revenue; that the appellant issued a prescription for the four grains of morphine…