United States v. Hubert O. Boyd

Fourth Circuit

United States v. Hubert O. Boyd

337 F.2d 613, 1964 U.S. App. LEXIS 4134

CourtCourt of Appeals for the Fourth Circuit

DecidedOctober 16, 1964

Docket9470_1

StatusPublished

Cited by1 cases

This text of 337 F.2d 613 (United States v. Hubert O. Boyd) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Hubert O. Boyd, 337 F.2d 613, 1964 U.S. App. LEXIS 4134 (4th Cir. 1964).

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Opinion

PER CURIAM.

Upon four counts of an informabion a jury found Hubert O. Boyd guilty of dispensing certain toxic drugs without a prescription, after their shipment in interstate commerce, in violation of the Federal Food, Drug, and Cosmetic Act, particularly sections 331(k), 353(b) (1) (B) and 333. On his appeal from the judgment of conviction and sentence, we find the evidence insufficient to justify the verdict on the first three charges inasmuch as it failed to establish that the drugs had been shipped in interstate commerce. Guilt on the fourth count cannot be sustained because toxicity of the drug therein described was not proved. For these reasons we must set aside the judgment and sentence, and remand for entry of a judgment of acquittal.

Reversed and remanded for final judgment.

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PER CURIAM.

Upon four counts of an informabion a jury found Hubert O. Boyd guilty of dispensing certain toxic drugs without a prescription, after their shipment in interstate commerce, in violation of the Federal Food, Drug, and Cosmetic Act, particularly sections 331(k), 353(b) (1) (B) and 333. On his appeal from the judgment of conviction and sentence, we find the evidence insufficient to justify the verdict on the first three charges inasmuch as it failed to establish that the drugs had been shipped in interstate commerce. Guilt on the fourth count cannot be sustained because toxicity of the drug therein described was not proved. For these reasons we must set aside the judgment and sentence, and remand for entry of a judgment of acquittal.

Reversed and remanded for final judgment.

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Bluebook (online)

337 F.2d 613, 1964 U.S. App. LEXIS 4134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-hubert-o-boyd-ca4-1964.

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