Sargent v. United States

Good Law
35 F.2d 344·1929 U.S. App. LEXIS 2963
United States Court of Appeals for the Ninth CircuitOctober 21, 1929No. 5865California652 words

Opinion

Lead Opinion

Wilbur, J.

The appellant was convicted on three counts for selling morphine sulphate. He was a physician duly registered under the act of Congress' approved December 17, 1914, § 1, as amended (26 USCA § 211). The first assignment of error is that “the court erred in admitting in evidence the record of purchases of narcoties and the record of narcotics sold and dispensed by appellant, during a period of two years.”

According to the testimony the appellant, at the time of his arrest, stated that he had been selling morphine for a period of 14 years and that he could not resist the temptation of selling morphine when offered' money for it. At the time of his arrest the appellant had just placed sulphate of morphine in a post office box and had removed $50 in money therefrom which had been placed there to pay for the morphine. The $50 in marked bills was taken from his possession immediately after he had removed it from the post office box, and Mr. Jackson, the government agent, said, “Tour foot slipped this time, Doe,” to which the appellant replied, “Yes, I guess you have got me.” When he was tallen to the office of the chief of police, the agent again said, “This is too bad, Doc,” and he…

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