United States v. Gaag

BOURQUIN, District Judge.

[1] Indictment presented October 26, 1916. Charge, violation of Anti-Drug Act (38 Stat. 785), in that defenclant, on May 13, 1916, gave an order for opium, which “was thereafter "accepted,” and “after the acceptance” he failed to preserve a duplicate thereof “in such a way as to be readily accessible,” con-,, trary to law. General demurrer; the objection being the offense not alleged of a day certain. The offense would be committed when ready accessibility first failéd after the order’s acceptance and is capable of continuity. It might have been committed prior to…