Harry Needelman v. United States

RIVES, Circuit Judge,

The appellant, a physician, and Walter Waxman, a druggist, were first tried on an indictment for conspiracy to violate Title 26 United States Code Section 4705 (a), that is, to sell certain narcotic drugs, to wit, codeine, methadon, and demerol, not in pursuance of the required written orders. The result was a mistrial.

Subsequently, another indictment containing fifteen counts was returned against the appellant alone, charging him substantive violations of the same Section. The first five counts named Cerald Miller, the next five counts named Fidele Garcia, and the last…