Legal Opinion

Russell v. United States

Court of Appeals for the Second Circuit

Decided May 21, 1928No. 351PublishedCited by 4 opinions

1Per curiam

The indictment charged the defendant with giving away narcotics as a “dealer” without being registered as required by section 1 of the Harrison Act (26 USCA § 211; Comp. St. § 6287g). It did not allege, and the proof did not show, that the narcotics given away were in stamped packages, or that the defendant dealt in such. Hence the question is whether the requirement for registry applies to one who dispenses narcotics from unstamped packages as well as to those who dispense from stamped. The negative was decided in O’Neill v. U. S., 19 F.(2d) 322 (C. C. A. 8); Butler v. U. S., 20 F.(2d) 570…

2Cases cited5 opinions

  1. Nigro v. United StatesSupreme Court of the United States · 1928
  2. Butler v. United StatesCourt of Appeals for the Eighth Circuit · 1927
  3. Weaver v. United StatesCourt of Appeals for the Sixth Circuit · 1926
  4. Donaldson v. United StatesCourt of Appeals for the Eighth Circuit · 1927
  5. Gerardi v. United StatesCourt of Appeals for the First Circuit · 1928

3Cited by4 opinions

  1. Walker v. United StatesCourt of Appeals for the Ninth Circuit · 1949
  2. Acuna v. United StatesCourt of Appeals for the Fifth Circuit · 1934
  3. Flynn v. TempletonDistrict Court, W.D. New York · 1932
  4. Flynn v. TempletonDistrict Court, W.D. New York · 1929

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