Foster

Foster v. United States

Good Law
11 F.2d 100·1926 U.S. App. LEXIS 2440
United States Court of Appeals for the Ninth CircuitFebruary 23, 1926No. 4724California759 words

Opinion

Lead Opinion

Hunt, J.

Writ of error by Foster to review Ms conviction under two counts of an Mdietment charging Mm and one Ida Higgins and others: (1) With having knowingly and willfully purchased, sold, dispensed, and distributed a certain derivative of opium, to wit, one bindle of morphine, which was not in or from the original stamped package containing said morphine; and (2) with having willfully and knowingly received, concealed, bought, sold, and facilitated the transportation and concealment after importation of a certain derivative of opium, to wit, five bindles of morphine and a certain derivative of coca leaves, to wit, one package and four bindles of cocaine, which said morpMne and cocaine, as defendant well knew, had been imported into the United States contrary to law

It is contended that the first count is insufficient in that it does not charge whether Foster sold, purchased, dispensed, or distributed the above-named narcotics, and fails to charge that Foster was one of the persons required to register'with a collector of internal revenue as required by section 1 of the Harrison Narcotic Act, as amended February 24,1919 (Comp. St. Ann. Supp. 1919, § 6287g); and that the second count,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.