Hood v. United States

BRATTON, Circuit Judge.

This was a prosecution for the unlawful possession and sale of narcotics. The first count in the indictment charged the sale of a certain derivation of opium, namely, 259 grains of morphine hydrochloride not being in the original stamped package or from it. The second charged a similar sale of 298 grains, and the third charged possession of the morphine described in the second count. Appellant was convicted on the first and second counts and acquitted on the third.

The first contention is that the court erred in overruling the demurrer to the indictment and in denying…