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July 13, 1935


JAMA. 1935;105(2):144-145. doi:10.1001/jama.1935.02760280056035

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Harrison Narcotic Act: When Prescribing Is Selling; Entrapment; Expert Testimony; Evidence.—  The defendant, a physician practicing in Oklahoma City and duly registered with the United States collector of internal revenue, was convicted in the district court of the United States for the western district of Oklahoma, under the Harrison Narcotic Act, of selling morphine by means of prescriptions not issued in good faith. He appealed to the circuit court of appeals, tenth circuit.One count in the indictment charged that the defendant wrote a prescription with intent that his patient should through it obtain the prescribed narcotic drug from a pharmacist. The count did not charge, however, that the patient obtained that drug from any source. The trial court, said the circuit court of appeals, erred in overruling the defendant's demurrer to this count. The mere writing of a prescription with intent that the person to whom it is given

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