United States v. Leo Franklin Forester

346 F.2d 685, 1965 U.S. App. LEXIS 5501

Opinion

PER CURIAM:

A trial to the District Court, without a jury, upon an eight-count information resulted in each instance in the conviction of Leo Franklin Forester for violation of the Federal Food, Drug, and Cosmetic Act, §§ 503(b) (1) (B) and S01(k), 21 U.S.C. §§ 353(b) (1) (B) and 331(k). Offering no evidence for himself or objection to the prosecution’s proof, defendant stood in the trial court upon a motion ' to dismiss the information for the unconstitutionality of § 503(b) (1) (B) because of vagueness and uncertainty. The Court denied the motion, adjudged Forester guilty and sentenced him to one year imprisonment, with suspension of the last six months during probation of five years. We find no error in the trial or judgment. United States v. 2600 State Drugs, Inc., 235 F.2d 913 (7 Cir. 1956), cert. den. 352 U.S. 848, 77 S.Ct. 68, 1 L.Ed.2d 59 (1956).

Affirmed.