4325. Misbranding of pentobarbital sodium capsules.   U. S. v. Fannie Smith,
also known as Fannie Smith Shell. Plea of not guilty. Tried to the
court and jury. Plea changed to guilty after introduction of Govern-
ment's evidence. Sentence of 1 year in jail. (F. D. C. No. 34335.
Sample Nos. 12124-L, 12125-L, 35698-L.)
INFORMATION FILED : On or about April 14, 1953, Eastern District of Tennessee,
against Fannie Smith, also known as Fannie Smith Shell, Johnson City, Term.
NATURE OF CHARGE: On or about June 11 and July 16, 1952, while a number
of pentobarbital sodium capsules were being held for sale at Johnson City,
Tenn., after shipment in interstate commerce, the defendant caused a number
of the capsules to be dispensed without a prescription from a practitioner
licensed by law to administer such drug. Such acts of dispensing were con-
trary to Section 503 (b) (1), and resulted in the dispensed drug being mis-
branded while held for sale.
DISPOSITION : The defendant having entered a plea of not guilty, the case came
on for trial before the court and jury on March 8, 1954. After the intro-
duction of the Government's evidence, the defendant entered a plea of guilty,
and on March 29, 1954, the court sentenced the defendant to serve 1 year
in jail.