United States v. Jones

MINTON, Circuit Judge.

The defendant was charged in three counts of an indictment with the sale of narcotics made not in pursuance of a written order on a form issued by the Secre tary of the Treasury of the United States, in violation of 26 U.S.C.A. § 2554(a). The case was tried by the court without a jury and at the conclusion of the Government’s evidence, the defendant made a motion “for discharge” because the Government had not proved any offense charged in the indictment. The court sustained the motion as to Count One and overruled it as to Counts Two and Three. The defendant then…