Guilbeau v. United States

BRYAN, Circuit Judge.

The defendant, Armide Guilbeau, was convicted upon one count of an indictment, under section 2 of the Harrison Narcotic Law (38 Stat. 785 [Comp. St. § 6287h]), charging her with the unlawful sale of “certain derivatives and salts of opium, to wit, four grains of morphine sulphate,” upon evidence of an unlawful sale by her of four grains of morphine hydrochloride, The trial court refused to direct a verdict of acquittal, and charged the jury that the variance between the allegation and the proof was immaterial. These rulings are assigned as error.

We are of opinion that the…