Hood v. United States

McDERMOTT, Circuit Judge.

The defendant was convicted of violations of the Federal Narcotic Act (26 USCA § 211 and § 691 et seq.), there being two counts of the indictment.

The trial court overruled demurrers leveled at each count of the indictment, and error is assigned on such rulings. The defendant’s main contention is that neither count sufficiently identifies or “earmarks” the offense charged. It is settled law in this circuit that in charging an offense of general character, it is necessary to allege some fact or circumstance which will identify the particular offense charged sufficiently…