Mauk

Appellant was convicted and sentenced on each of thirteen counts of an indictment charging violations of section 2 of the Harrison Narcotic Act of December 17, 1914, c. 1, 38 Stat. 786 ( 26 U.S.C.A. § 1044 ), which provides: “It shall be unlawful for any person to sell, barter, exchange, or give away any of the afore *558 said drugs [drugs mentioned in section 1040(a)] 1 *except in pursuance of a written order of the person to whom such article is sold, bartered, exchanged, or given, on a form to be issued in blank for that purpose by the Commissioner.......”

Reversal is sought on the ground that the trial court erred in overruling appellant’s demurrer to the indictment and to each count thereof. The first ground of appellant’s demurrer is that the indictment does not in any count thereof state facts sufficient to constitute á public offense. Count 1 alleges:

“That [appellant], a physician who had duly registered and paid the special tax as required by the [Harrison Narcotic Act], on the 26th day of October, 1935, at Portland, in the State and District of Oregon, and within the jurisdiction of this court, then and there being, did then and there, unlawfully, knowingly,…