Nelms

Defendant below, .plaintiff in error here, was convicted under three counts of an indictment predicated upon a violation of the Harrison Anti-Narcotie Act (Act Dec. 17, 1914, 38 Stat. 785 , as amended by Act Feb. 24, 1919, 40 Stat. 1130 [Comp. St. §§ 6287g-6287q]).

One count charged that defendant, being a physician duly registered under the above referred to acts, did knowingly and unlawfully sell, barter, and dispense to one Frances De Marr, alias Louise Fitzpatrick, a derivative of opium, to wit, about 12 quarter grains hypo tablets of morphine sulphate, “not in pursuance to any written order of the said Frances De Marr on a form issued for that purpose by the Commissioner of Internal Revenue of the United States, and not in good faith and in the course of his professional practice only, the said selling, bartering, and dispensing being through a written order of the said Frances De Marr, in the form of a prescription signed by the said defendant, which said prescription called for the delivery to the said Frances De Marr of the amount of drug above preséribed; that the defendant intended that the said Frances De Marr should obtain the drugs from a druggist upon the said…