Walter T. Marks v. United States

JOHNSON, District Judge.

Walter T. Marks, the appellant, was convicted on five counts of a ten-count criminal information filed by the United States charging him with specific violations of Title 21 U.S.C. § 331 (k). 1 Each count charges that on different occasions the appellant caused an act to be done with respect to a drug while it was being held for sale after shipment in interstate commerce — in effect, refilling a prescription without the authorization of its prescribe!’ as required by Title 21 U.S.C. § 353(b) (1) (B), which resulted in the misbranding of the drug. 2

Typical of the…