SALES-CRIMINAL LAW- ELEMENTS OF UNLAWFUL SALE OF NARCOTICS

Appellant, known to be peddling morphine, was contacted by a federal narcotic inspector who posed as a prospective purchaser. A price having been agreed upon, appellant permitted the inspector to handle and examine several of the tablets. After stating that he would take the drug, the inspector placed appellant under arrest. From a conviction of selling narcotics in violation of the Harrison Act, appellant appealed.

Held, affirmed. A sale of narcotics is not complete without payment of the purchase price or delivery, but the facts here warranted a jury in finding that delivery was made. Barnett v. United States, (9th Cir. 1949) 171 F. (2d) 721.