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STATE v. AIKEN

No. 81.

209 S.E.2d 763 (1974)

286 N.C. 202

STATE of North Carolina v. Samuel Francis AIKEN.

Supreme Court of North Carolina.

November 26, 1974.

Attorney(s) appearing for the Case

James H. Carson, Jr., Atty. Gen., Rafford E. Jones and T. Buie Costen, Asst. Attys. Gen., for the State.

William A. Smith, Jr., Raleigh, for defendant.

LAKE, Justice.

The North Carolina Controlled Substances Act, G.S. § 90-86 to G.S. § 90-113.8, defines a "controlled substance" to mean "a drug, substance, or immediate precursor included in Schedules I through VI of this Article." G.S. § 90-87(5). Heroin is a substance included in Schedule I. G.S. § 90-89(b)(10).

The pertinent portions of G.S. § 90-95 provide:

"Violations; penalties. (a) Except as authorized by this...

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