Legal Opinion

Dean v. United States

Court of Appeals for the Ninth Circuit

Decided July 6, 1920No. 3459PublishedCited by 7 opinions

In Error to the District Court of the United States for the Southern Division of the Southern District of California; Benjamin E. Bledsoe, Judge. Criminal prosecution by the United States against Harry Dean. Judgment of conviction, and defendant brings error.

1Opinion of the Court

GILBERT, Circuit Judge.

The plaintiff in error was convicted on two counts of an indictment, which charged him with violation of the Harrison Narcotic Act, as amended by Act Feb. 24, 1919, 40 Stat. 1057, and sentences of imprisonment for terms to run consecutively were imposed by the court. No demurrer or other objection was 'interposed to the indictment in the court below, but it is now contended that the first count is fatally defective for failure to state facts sufficient to constitute an offense. Act Feb. 24, 1919, provides in part as follows:

“It shall be unlawful for any person to…

2Cases cited2 opinions

  1. Gee Woe v. United StatesCourt of Appeals for the Fifth Circuit · 1918
  2. Baender v. United StatesCourt of Appeals for the Ninth Circuit · 1919

3Cited by7 opinions

  1. Wong Lung Sing v. United StatesCourt of Appeals for the Ninth Circuit · 1925
  2. Brightman v. United StatesCourt of Appeals for the Eighth Circuit · 1925
  3. Stubbs v. United StatesCourt of Appeals for the Ninth Circuit · 1924
  4. Pierriero v. United StatesCourt of Appeals for the Fourth Circuit · 1921
  5. Ezzard v. United StatesCourt of Appeals for the Eighth Circuit · 1925

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