Smith v. United States

GILBERT, Circuit Judge.

On the trial of an indictment against the plaintiff in error, charging him with selling, dispensing, and distributing a preparation of morphine contrary to law, he testified -in his own behalf and contradicted the testimony which was adduced against him. Referring to his occupation, he testified that he made sandwiches and pies in a wholesale house, and supplied them to vendors, and was so engaged on the date laid in the indictment. On cross-examination, he again testified to his occupation as that of making and vending sandwiches. He was then asked:

“Q. Outside of that,…