Bernard Bloch v. United States

Appellant was convicted in the United States District Court for the District of Arizona on six counts of an indictment charging unlawful acquisition and sale of narcotics in violation of 26 U.S. C.A. § 2554. The several counts charge a series of narcotics sales allegedly made by appellant not in pursuance of a written order on a Treasury Department order form, nor pursuant to a prescription and not in the regular course of professional practice as a doctor.

We summarize the facts: Appellant, an osteopath, practiced as such for eight years in Sunnyslope, Arizona, where the sales took place.

Cantu, an agent of the Federal Bureau of Narcotics, testified that he was first introduced to appellant by a government informer, one Hernandez, on September 24, 1953 at appellant’s office. Cantu was introduced as Hernandez’ brother. The first sale was consummated on that occasion. Cantu testified that the other sales charged took place at intervals thereafter until November 19, 1953. Appellant was arrested immediately following the final sale. Cantu further testified that at no time was he given a medical examination by the appellant; that he was never asked if he was sick or an addict, and…