MacLafferty

The appellant was convicted under two of the three counts of an indictment predicated upon a violation of the Harrison Anti-Narcotic Act ( 38 Stat. 785 , 786, § 2, and § 1, as amended by 40 Stat. 1130 , § 1006, as amended, [26 USCA §§ 692-696]).

Count I, omitting the formal allegations of jurisdiction, charged that appellant, on the 29th day of May, 1934, being a physician duly registered under the above-referred to acts, did knowingly and unlawfully sell, barter, and dispense to one Walter G. Graben, a compound, manufacture, and derivative of opium, to wit, approximately y oz. of tincture of opium, to wit, laudanum, not in pursuance of 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 sale, bartering, and dispensing being through a written order to the said Walter G. Graben in the form of a prescription, which prescription called for delivery to “Ellen Gray” of the amount of drugs described. That the said Bernard N. MacLafferty intended that the said Walter G. Graben should obtain, on behalf of the said “Ellen Gray” upon said order, drugs of the amount…