Ganci v. United States

MAYER, Circuit Judge.

Ganci and one Emanuel Lusco were jointly indicted under sections 1, 2, and 8 of the so-called Harrison Act of December 17, 1914, as amended by the act of February 24, 1919 (Comp. St. Ann. Supp. 1919, § 6287g, and Comp. St. §§ 6287h, 6287n).

The indictment contained six counts. Eliminating indictment language, the charges of the respective counts may be summarized as .follows: (1) That defendants sold a quantity of heroin without having registered with the collector of internal revenue and without having paid the tax as provided by law; (2) that defendants sold the heroin…