Legal Opinion

Thurston v. United States

Court of Appeals for the Fifth Circuit

Decided March 21, 1917No. Nos. 2958, 2968PublishedCited by 4 opinions

In Error to the District Court of the United States for the Southern District of Texas; Waller T. Burns, Judge. E. T. Thurston and J. D. Moore were convicted of conspiring to violate the Harrison Act, relating to the sale of narcotics, and of violating that act, and they separately bring error.

1Opinion of the Court

PARDEE, Circuit Judge.

The above numbered and entitled cases arise under the same indictment, and practically present the same questions before this court for review. The plaintiffs in error were prosecuted, both being charged jointly under section 37 of the Criminal Code (Act March 4, 1909, c. 321, 35 Stat. 1096 [Comp. St. 1916, § 102*01]) with conspiracy to commit an offense against the United States by violating section 2 of the act of December 17, 1914, commonly known -as the “Harrison Act,” and with sales, etc., of drugs to specific persons in violation of section 2 of said act.

Thurston,…

2Cases cited3 opinions

  1. United States v. Jin Fuey MoySupreme Court of the United States · 1916
  2. Claassen v. United StatesSupreme Court of the United States · 1891
  3. Baldwin v. United StatesCourt of Appeals for the Fifth Circuit · 1917

3Cited by4 opinions

  1. Melanson v. United StatesCourt of Appeals for the Fifth Circuit · 1919
  2. Cabiale v. United StatesCourt of Appeals for the Ninth Circuit · 1921
  3. People v. PageNew York Supreme Court · 1944
  4. United States v. DoremusDistrict Court, W.D. Texas · 1918

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