United States v. Jin Fuey Moy

Citations

• 225 F. 1003
• 1915 U.S. Dist. LEXIS 1333

Syllabus

<p>Conspiracy ©j» —Indictment—Kuitioienoy.</p> <p>Under Revenue Act Doc. 17, 1914, c. 1, 38 Stat. 785, § 1, requiring all persons who produce, import, manufacture, compound, deal in, dispense, sell, distribute, or give away opium to register and pay an annual tax, and making it unlawful for any poison, so required to register, to do any such act with opium without having registered and paid the tax; section 2, making it unlawful for any person to sell, barter, exchange, or give away tlie drug, except on an order, in a prescribed form, of the person receiving it, wiili an exception in favor of the dispensing of the drug to a patient by a physician registered under the act, and by a dealer to a consumer on the prescription of a physician so registered; and section 8, declaring it unlawful for any “person” not registered under the act, and who has not paid said tax, to have in his possession any of said drug, and declaring such possession presumptive evidence of a violation of said sections 8 and 1, with an exception in favor of possession of any of the drug which has been prescribed in good faith by a physician so registered —an indictment charging defendant with conspiring with M. to have a dram of opium in the possession and under the control of M., and as the overt act charging that defendant issued to M. a prescription therefor, in bn il faith, knowing it was not given for medical purposes, but for supplying one addicted to the use of opium, is insufficient; the unlawful thing charged consisting in having the drug in the possession and under the control of M., the word “person,” in section 8, referring only to those required by the act to register and pay the tax, and it not being alleged M. had the drug in his possession for any of the purposes for which he would have to register and pay the tax.</p> <p>©E»For other caaes seo same topic & KEY-NCJMBEll in all Key-Numbored Digests & Indexes</p> <p>[Ed. Note.—For other cases, see Conspiracy, Cent. Dig. §§ 79, 80, 84