United States v. Arnold George Lauer

CASTLE, Circuit Judge.

Arnold George Lauer, defendant-appellant was indicted in a two count indictment charging unlawful sale of narcotics in violation of 26 U.S.C.A. § 4705(a). A special answer and plea filed by defendant asserting the unconstitutionality of 26 U.S.C.A. §§ 4705(a) and 4731 was denied by the District Court and the cause proceeded to trial before a jury. Defendant was found guilty by the jury on both counts and was sentenced for a period of 7% years on Count I, together with a fine of $3,000.00, and for a concurrent 7% year period on Count II.

The contested issues sought to be…