Landsborough v. United States

HICKS, Circuit Judge.

Appellant, Dr. Landsborough, was indicted and convicted of purchasing “a derivative of opium, to wit: forty (40) one-quarter grain Morphine Sulphate tablets, the same not being in the original stamped package, in violation of Section 2553, Title 26, United States Code [26 U.S.C.A. Int. Rev.Code, § 2553].” He appealed.

The Government’s evidence in resume is: that appellant was a doctor but had no license to handle or dispense narcotics since 1945; that on the 20th day of January, 1947, the date alleged in the indictment, Narcotic Agents McDonald and Ripberger, followed…