Barnett

Appellant, an attorney, was convicted by a jury under Count I of the indictment of selling certain narcotics, and under Count II of conspiracy to sell the same narcotics contrary to the provisions of 26 U.S.C.A. § 2554 (a).

The facts disclose that the appellant met his co-defendants, Macartney and Douglas, while said co-defendants were confined in jail and there agreed to undertake the sale of 1,000 grains of contraband narcotics for $10,000 or $10 per grain. It was further agreed that the proceeds were to be split three ways. In furtherance of the agreement the appellant obtained the narcotics and undertook to sell them to an addict *722 without success. The narcotic agents learning of the attempted sale contacted appellant through an informer addict. An offer of $6 per grain was made for the narcotics, which, after some hesitancy, was accepted, whereupon an appointment was made to meet the appellant at his law office for the purpose of consummating the sale. The appointment was kept and the addict introduced Narcotic Inspector Goode to the appellant as the man who had the money to buy the narcotics. The price of $6,000 was agreed upon between Goode and the appellant. Goode…