Mancuso v. United States

Sixth Circuit

Mancuso v. United States

21 F.2d 1015, 1927 U.S. App. LEXIS 2847

CourtCourt of Appeals for the Sixth Circuit

DecidedOctober 15, 1927

DocketNo. 4969

StatusPublished

This text of 21 F.2d 1015 (Mancuso v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Mancuso v. United States, 21 F.2d 1015, 1927 U.S. App. LEXIS 2847 (6th Cir. 1927).

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Opinion

PER CURIAM.

Reversed, on authority of Weaver v. U. S. (C. C. A.) 15 F.(2d) 38, and Martin v. U. S. (C. C. A.) 20 F.(2d) 785. If it might be thought that the indictment here was sufficient because, not negativing sales of stamped narcotics, it would have permitted proof that Mancuso was selling stamped packages, and was therefore a dealer required to register, yet there is no proof to that effect in the record, nor was any package sold offered in evidence. In any event, and for lack of such proof, there should have been a directed verdict.

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PER CURIAM.

Reversed, on authority of Weaver v. U. S. (C. C. A.) 15 F.(2d) 38, and Martin v. U. S. (C. C. A.) 20 F.(2d) 785. If it might be thought that the indictment here was sufficient because, not negativing sales of stamped narcotics, it would have permitted proof that Mancuso was selling stamped packages, and was therefore a dealer required to register, yet there is no proof to that effect in the record, nor was any package sold offered in evidence. In any event, and for lack of such proof, there should have been a directed verdict.

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21 F.2d 1015, 1927 U.S. App. LEXIS 2847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mancuso-v-united-states-ca6-1927.

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