Legal Opinion
Fyke v. United States
Court of Appeals for the Fifth Circuit
Decided December 10, 1918No. 3217PublishedCited by 13 opinions
In Error to the District Court of the United States for the Northern District of Texas; William R. Smith, Judge. E. D. Fyke was convicted of violation of Act Dec. 17, 1914, known as the Harrison Narcotic Act, and he brings error.
1Opinion of the Court
GRUBB, District Judge.
The plaintiff in error was convicted of a violation of an act of Congress approved December 17, 1914, and commonly known as the Harrison Narcotic Act (Act Dec. 17, 1914, c. 1, 38 Stat. 785 [Comp. St. 1916, §§ 6287g-6287q]). All the 11 counts of the indictment are based upon an alleged violation of section 2 of that act (section 6287h), which, so far as pertinent to this case, is as follows:
“That it shall be unlawful for any person to sell, barter, exchange, or give away any of the aforesaid drugs except in pursuance of a written order of the person to whom such article…
2Cases cited2 opinions
- United States v. Jin Fuey MoySupreme Court of the United States · 1916
- Baldwin v. United StatesCourt of Appeals for the Fifth Circuit · 1917
3Cited by13 opinions
- Nigro v. United StatesSupreme Court of the United States · 1928
- Lamento v. United StatesCourt of Appeals for the Eighth Circuit · 1925
- Rothman v. United StatesCourt of Appeals for the Second Circuit · 1920
- Melanson v. United StatesCourt of Appeals for the Fifth Circuit · 1919
- Cabiale v. United StatesCourt of Appeals for the Ninth Circuit · 1921
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