United States v. Clarke

KRAFT, District Judge.

Defendants stand convicted by the verdict of a jury on charges of conspiracy, 18 U.S.C. § 371, and selling narcotic drugs not pursuant to written orders, 26 U.S.C. § 4705(a). Presently before us are motions of both defendants for judgment of acquittal and for a new trial.

The Government’s evidence, largely uncontradicted, discloses that on March 15, 1962, Agent Ripa, accompanied by the Government’s “special employee”, Joseph Flores, met the defendants, both licensed medical doctors, and purchased narcotics from them without written orders prescribed by the Act of…