Weathers v. United States

Fifth Circuit

Weathers v. United States

296 F. 702, 1924 U.S. App. LEXIS 3409

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 19, 1924

DocketNo. 4221

StatusPublished

Cited by1 cases

This text of 296 F. 702 (Weathers v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Weathers v. United States, 296 F. 702, 1924 U.S. App. LEXIS 3409 (5th Cir. 1924).

Pincite

Opinion

ERVIN,' District Judge.

In this case the record contains no bill of exceptions; in fact, it shows none was signed, but attempts to set out a summary of the testimony of each witness. Therefore we cannot consider any of the errors assigned, except the demurrer to the indictments. There seem to haive been two indictments; each being the same, except as to the persqns to whom it was alleged the morphine sulphate was distributed. c

These indictments were consolidated, so there was only one trial, which resulted in a verdict of guilty on each indictment. .We have examined the indictments, and the demurrer to them, and under the ruling in Jin Fuey Moy v. United States, 254 U. S. 189, 41 Sup. Ct. 98, 65 L. Ed. 214, we think the <indictments were not subject to the demurrer.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

ERVIN,' District Judge.

In this case the record contains no bill of exceptions; in fact, it shows none was signed, but attempts to set out a summary of the testimony of each witness. Therefore we cannot consider any of the errors assigned, except the demurrer to the indictments. There seem to haive been two indictments; each being the same, except as to the persqns to whom it was alleged the morphine sulphate was distributed. c

These indictments were consolidated, so there was only one trial, which resulted in a verdict of guilty on each indictment. .We have examined the indictments, and the demurrer to them, and under the ruling in Jin Fuey Moy v. United States, 254 U. S. 189, 41 Sup. Ct. 98, 65 L. Ed. 214, we think the <indictments were not subject to the demurrer.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

296 F. 702, 1924 U.S. App. LEXIS 3409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weathers-v-united-states-ca5-1924.

Opinion

Related

Cite This Page — Counsel Stack