PEOPLE v. RICE

Docket No. 78-2879.

91 Mich. App. 419 (1979)

283 N.W.2d 762

PEOPLE v. RICE

Michigan Court of Appeals.

Decided July 23, 1979.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Principal Attorney, Appeals, and Timothy A. Baughman, Assistant Prosecuting Attorney, for the people.

Before: V.J. BRENNAN, P.J., and BRONSON and D.F. WALSH, JJ.


V.J. BRENNAN, P.J.

On October 12, 1977, defendant Theodore Rice, D.O., was charged with two counts of unlawfully dispensing and/or delivering a controlled substance in violation of MCL 335.341(1)(c); MSA 18.1070(41)(1)(c). Defendant moved to quash the information claiming that a physician dispensing controlled substances by prescription cannot be prosecuted under the above statute. The trial court noted this Court's split of authority on this issue as set forth in...

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