U.S. Court of Appeals for the Sixth Circuit, 1928

Ross v. United States

Ross v. United States
U.S. Court of Appeals for the Sixth Circuit · Decided January 17, 1928
23 F.2d 679; 1928 U.S. App. LEXIS 3238 (Federal Reporter, Second Series)

Ross v. United States

Opinion of the Court

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 *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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.