Walker

Walker v. United States

Good Law
176 F.2d 796·38 A.F.T.R. (P-H) 404·38 A.F.T.R. (RIA) 404·1949 U.S. App. LEXIS 4318
United States Court of Appeals for the Ninth CircuitAugust 30, 1949No. 12132California1,089 words

Opinion

Lead Opinion

Bone, J.

Appellant was convicted before a jury under four counts of an indictment, each of which purported to charge a violation of the provisions of § 3224(a) of Title 26 U.S.C.A.

The Judgment recites, “It Is Adjudged that the defendant has been convicted upon his plea of not guilty, and a verdict of guilty of the offense of the sale of narcotics in violation of Section 3224(a), Title 26 U.S.C.A. as charged in each of counts five, six, seven and eight of the Indict., and * * * It Is Adjudged that the defendant is guilty as charged and convicted.”

Appellant’s sole specification of error, raised for the first time on this appeal, is that the indictment fails to state an offense against the laws of the United States. Specifically, the contention is that it fails to state that appellant was a person required by law to register, or one of a class required to register.

§ 3224(a) reads as follows: “Trafficking. It shall be unlawful for any person required to register under the provisions of this part or section 2551(a) to import, manufacture, produce, compound, sell, deal in, dispense, distribute, administer, or give away any of the aforesaid drugs without having registered and paid the…

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