Boyd v. United States, 271 U.S. 104 (1926)

Boyd v. United States

No. 365

Argued December 1, 1925
Decided April 19, 1926
271 U.S. 104

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

1. The mere fact that the quantity of morphine dispensed by a registered physician by a prescription to a morphine addict without a written order exceeds what would be required by the patient for a single dose does not constitute a violation of the Anti-Narcotic Act. Linder v. United States, 268 U.S. 5. P. 106.

2. An ambiguous statement in a charge in a criminal case which, interpreted one way, would be erroneous, but which, considered with the charge as a whole, probably was understood by the jury in a harmless sense, is not a ground for reversal where the defendant did not object and seek a correction in the trial court. P. 107.

4 F.2d 1014 affirmed.

Certiorari to a judgment of the circuit court of appeals affirming a conviction of the petitioner of violations of the Anti-Narcotic Act.