Jin Fuey Moy v. United States

Citations

• 254 U.S. 189
• 41 S. Ct. 98
• 65 L. Ed. 214
• 1920 U.S. LEXIS 1182

Syllabus

<p>1. In a case properly here on a constitutional question under Jud. Code, §238, the court retains its jurisdiction to decide other quest.ons presented, after the constitutional question has been settled in another case. P. 191.</p> <p>2. In an indictment charging defendant with unlawfully selling morphine in violation of the Anti-Narcotic Act by issuing a prescription, the clause as to issuing the prescription, being intimately involved in the description of the offense, cannot be treated as surplusage, but it is not repugnant to the charge of selling, since under the act one person may take a principal part in a prohibited sale of morphine. belonging to another by issuing a prescription for it, in view of Crim. Code, § 332, making whoever aids, abets, counsels, commands, induces or procures the commission of an offense a principal. P. 192.</p> <p>3. Subdivision (a) of § 2 of the Anti-Narcotic Act,- in allowing the dispensing or distribution of narcotic drugs “to a patient” by a registered physician “in'the.course of his professional practice only,” confines the immunity strictly within the appropriate bounds of a physician’s professional practice, not permitting sales to dealers or distributions intended to satisfy the appetites or cravings of persons addicted to the use of such drugs. ■ P. 194.</p> <p>4. In a criminal prosecution in the District Court in Pennsylvania; the defendant’s wife is not competent to testify for her husband, either generally or by contradicting testimony that certain matters transpired in her presence. P. 195.</p> <p>253 Fed. Rep. 213, affirmed.</p>