Richards v. United States
| Decision Date | 29 December 1951 |
| Docket Number | 4328.,No. 4308,4308 |
| Citation | 193 F.2d 554 |
| Parties | RICHARDS v. UNITED STATES. KRUPNICK v. UNITED STATES. |
| Court | U.S. Court of Appeals — Tenth Circuit |
John A. Cochran and Elmore A. Page, Tulsa, Okl., for appellants.
Hobart Brown, Asst. U. S. Atty., Tulsa, Okl. (Whit Y. Mauzy, U. S. Atty., Tulsa, Okl., on the brief), for appellee.
Before PHILLIPS, Chief Judge, and MURRAH and PICKETT, Circuit Judges.
Gene A. Krupnick, W. H. Richards and Eva Powers were indicted in the Northern District of Oklahoma for conspiracy to violate the provisions of the Harrison Narcotic Act, 26 U.S.C.A. § 2550 et seq., relating to the transfer and sale of narcotic drugs. In substance the indictment charged that from on or about October 1, 1950, and continuously thereafter up to and including November 10, 1950, the defendants conspired and agreed with each other and with Dr. T. W. Stallings to make false statements and representations and to use false writings in the purchase and procurement of demerol, a synthetic narcotic drug and a substitute for morphine; that as a part of the conspiracy the defendants, Richards and Powers, would represent themselves to Dr. Stallings as patients in need of the drug for personal medicinal use, with the understanding that when the same was obtained it would be delivered to the defendant, Krupnick. The indictment further charged as a part of the conspiracy that defendants agreed to procure the assistance of Dr. Stallings by false representations to telephone various drug stores and others filling prescriptions in the City of Tulsa, Oklahoma, informing them that the prescriptions issued to Richards and Powers should be filled. The indictment charged that the defendants committed eight overt acts to effectuate the objects of the conspiracy. The overt acts consisted of obtaining prescriptions from Dr. Stallings for the drug and having them filled, then a delivery of the drug to Krupnick to satisfy his addiction. No question is raised as to the sufficiency of the indictment. The defendant, Powers, entered a plea of guilty, and Krupnick and Richards were convicted by a jury, whereupon Krupnick was sentenced to serve a term of three years imprisonment and Richards two years. They have appealed on a consolidated record.
The defendants urge two grounds for reversal: (1) the evidence of a conspiracy to violate the provisions of the Harrison Narcotic Act was insufficient to sustain the judgment; (2) the court erred in refusing to sustain a motion for a mistrial upon the ground that the court made a prejudicial statement to the jury on its voir dire examination.
It is contended that the narcotics were obtained on prescriptions issued by a physician registered under the Act, therefore the defendants could not be guilty of a crime of conspiracy to violate the provisions of the Act for the reason that purchases of this nature were not prohibited. They rely principally upon the case of Nigro v. United States, 8 Cir., 117 F.2d 624, 133 A.L.R. 1128. That case is readily distinguishable on the facts. There Nigro, a physician authorized to dispense narcotics, was found guilty of conspiring with an addict to furnish him prescriptions for narcotics to satisfy his addiction. The court held that it was not a crime for the addict to obtain prescriptions for that purpose, therefore Nigro could not conspire to commit an offense which did not exist. That court did, however, hold that it was an offense for a registered physician to issue a prescription for narcotics to be used by a known addict. The indictment here charges the conspiracy to be that two of the defendants would represent themselves to Dr. Stallings as patients in need of narcotics in order to obtain prescriptions for drugs to be supplied to an addict which Dr. Stallings could not lawfully supply.
Dr. Stallings was an elderly man, confined to his bed by illness, and described by Krupnick as being senile. The defendants made frequent visits to the doctor for the purpose of obtaining prescriptions for the narcotics. On most occasions he was physically unable to fill out prescription forms when they were requested by Powers and Richards. The defendants obtained blank prescription forms from him and filled them out and presented them to him for signature. At their request the doctor, on some occasions, telephoned to the place where the prescriptions were to be filled to advise that the prescriptions were regularly issued and should be filled. In a number of cases Krupnick forged the doctor's signature to prescriptions. All were presented by one of the three defendants at different places to be filled. The...
To continue reading
Request your trial
-
Koolish v. United States
...entered. Wood v. United States, 8 Cir., 1960, 279 F.2d 359; Davenport v. United States, 9 Cir., 1958, 260 F.2d 591; Richards v. United States, 10 Cir., 1951, 193 F. 2d 554; Schliefer v. United States, 3 Cir., 1923, 288 F. United States v. Aronson, 2 Cir., 1963, 319 F.2d 48, involved multipl......
-
U.S. v. Caldwell
...v. United States, 260 F.2d 591 (9th Cir. 1958), cert. denied, 359 U.S. 909, 79 S.Ct. 585, 3 L.Ed.2d 573 (1959); Richards v. United States, 193 F.2d 554 (10th Cir. 1951), cert. denied, 343 U.S. 930, 72 S.Ct. 764, 96 L.Ed. 1340 (1952).22 See U.S. Const. amend. 6, quoted in relevant part supra......
-
United States v. Beatty, Cr. No. 27577.
...368 U.S. 984, 82 S.Ct. 599, 7 L.Ed.2d 523 (1962), reh. denied, 369 U.S. 881, 82 S.Ct. 1138, 8 L.Ed.2d 285 (1962); Richards v. United States, 193 F.2d 554, 556 (10th Cir. 1951), cert. denied sub nom. Krupnick v. United States, 343 U.S. 930, 72 S.Ct. 764, 96 L.Ed. 1340 (1952); United States v......
-
Brant v. Scafati
...United States, 1958, 9 Cir., 260 F.2d 591, 595-596, cert. denied, 1959, 359 U.S. 909, 79 S.Ct. 585, 3 L.Ed. 2d 573; Richards v. United States, 1951, 10 Cir., 193 F.2d 554, cert. denied sub nom. Krupnick v. United States, 1952, 343 U.S. 930, 72 S.Ct. 764, 96 L.Ed. 12 Petitioner recited these......