Cary v. United States

HANEY, Circuit Judge.

Defendants Cary and Williams are physicians, and were indicted jointly in five counts for selling, bartering and dispensing morphine by means of prescriptions in violation of 26 U.S.GA. § 1044. Defendant Cary was convicted on all five counts, and defendant Williams was convicted on the fifth count only. A sixth count charged conspiracy, but both defendants were acquitted on that count. Each defendant has separately appealed.

After the cases were argued before and submitted to this court, an extensive opinion was prepared. Before that opinion was handed down appellee filed…