Aiton

Aiton v. United States

Good Law
3 F.2d 992·1925 U.S. App. LEXIS 3850
United States Court of Appeals for the Ninth CircuitFebruary 16, 1925No. 4357California707 words

Opinion

Lead Opinion

Rudkin, J.

This is a writ of error to review a judgment of conviction under the Harrison Narcotic Act (C'omp. St. §§ 6287g-6287q). The .indictment contains numerous counts, but, inasmuch as a conviction was had under the first, count alone, a reference to the others becomes unnecessary.

The first count charges that the plaintiff in error, who was then and there a practicing physician, and duly registered with the collector of internal revenue for the district of Arizona as a physician under the provisions of the Aet of December 17, 1914, as amended by the Aet of February 24, 1919 (Comp. St. Ann. Supp. 1919, § 6287g), did then and there unlawfully, willfully, knowingly, and feloniously, and contrary to the Aet of Congress aforesaid, issue and write and deliver a prescription to one George Warner for a quantity of morphine sulphate, to wit, 56 grains of morphine sulphate, not in good faith for meeting the needs of the said George Warner, not to effect a cure of the said George Warner in the course of his professional practice only, the said George Warner being then and there an habitual user of and addicted to the use of such narcotic drugs, nor to treat the said George Warner then and there…

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