Ross v. United States

23 F.2d 679, 1928 U.S. App. LEXIS 3238
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 17, 1928
DocketNo. 5041
StatusPublished

This text of 23 F.2d 679 (Ross 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.

Bluebook
Ross v. United States, 23 F.2d 679, 1928 U.S. App. LEXIS 3238 (6th Cir. 1928).

Opinion

PER CURIAM.

The conviction on the first count cannot be sustained. It sufficiently alleges carrying on the business of selling by one who was required to register and who had not; but the proof tended to show nothing except the purchase by respondent of narcotics in or from an unstamped [680]*680package. One who only buys or sells in or from unstamped packages is not required to register. Weaver v. U. S. (C. C. A.) 15 F.(2d) 38; Martin v. U. S. (C. C. A.) 20 F.(2d) 785.

The second count is good. There was substantial evidence to go to the jury. The sentence did not exceed that imposable under the second count. It is affirmed.

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Related

Weaver v. United States
15 F.2d 38 (Sixth Circuit, 1926)
Martin v. United States
20 F.2d 785 (Sixth Circuit, 1927)

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Bluebook (online)
23 F.2d 679, 1928 U.S. App. LEXIS 3238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ross-v-united-states-ca6-1928.