King

This is an appeal to review a judgment of conviction for sending, shipping, and delivering a quantity of morphine from'the state of California to a person in the state of Nevada without having registered and paid the special tax required by law. At the July term, 1928, of the District Court of the United States for the 'Northern District of California, Southern Division, an indictment was returned, charging the appellant with selling and distributing a quantity of morphine not in or from the original stamped package. To this indictment the appellant interposed a plea of guilty, and sentence was passed and executed. Later during the same term the grand jury returned a second indictment, charging the appellant with sending, shipping, and delivering a quantity of morphine from the state of California to a person in the state of Nevada without having registered and paid the special tax required by law. The first indictment was returned under a provision of the Narcotic Act declaring that it shall be unlawful for any person to purchase, sell, dispense or distribute certain drugs, except in the original stamped package or from the original stamped package. 26 USCA § 692. The second…