5429.    (F.D.C. No. 39191.    S. Nos. 58-810/12 M.)
INFORMATION FILED : 6-15-56, Dist Colo., against Edith Lillian Every, also
known as Mrs. H. R. Marshall, Denver, Colo.
CHARGE: Between 5-18-56 and 5-31-56, dextro-amphetamine sulfate tablets
were dispensed twice (counts 1 and 3) and pentobarbital sodium capsules
were dispensed once (count 2) without a prescription.
PLEA :   Not guilty.
DISPOSITION : The case came on for trial on 10-15-56. On 10-16-56, the court
dismissed counts 1 and 3 on the basis that the evidence presented by the Gov-
ernment was insufficient to establish that dextro-amphetamine sulfate is a drug
within the meaning of Section 503(b) (1) (B). On 10-17-56, the jury found
the defendant guilty as to count 2.
The defendant, on 11-2-56, made a motion for acquittal and a motion for
a new trial, based upon the contention that a photostatic copy of a letter that
had been introduced into evidence at the trial was (a) not the best evidenced
5 United States v. Debrow, 346 U.S., 374; United States v. Sullivan, 332 U.S. 689.;
nited States v. Arnold's Pharmacy, 116 Fed. Sv?*    "
223; Boyce Motor lines v. United States, 342 U.S,
United "States v. Arnold's Pharmacy, lie Fed. Supp. 370; Jordan"v. DeGebrge, 341 U.Sl
as it was a photostatic copy and (b) obtained by unlawful search and seizure,
and thus violated the defendant's constitutional rights. The court denied
the motion for acquittal, stating that the other evidence produced by the Gov-
ernment was sufficient to refer the case to the jury. The court granted the
motion for a new trial on the basis that the letter had been obtained by un-
lawful search and seizure and that the court had made an error in admitting
the letter into evidence.
On 11-28-56, a new trial was held as to count 2, and the jury returned
a verdict of guilty. On 11-30-56, the defendant was sentenced to 60 days in
jail.