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HUTCHERSON v. STATE

Nos. 2-1076A384, 479S106.

389 N.E.2d 270 (1979)

Marvin HUTCHERSON, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

April 20, 1979.

Attorney(s) appearing for the Case

Lawrence O. Sells, Indianapolis, for appellant.

Theo. L. Sendak, Atty. Gen., Indianapolis, for appellee.

Petition to Transfer Denied.

PIVARNIK, Justice, dissenting.

I dissent to the denial of transfer in this case.

Appellant was charged with possession of 10.98 grams of heroin in violation of Ind. Code § 35-24.1-4.1-6 (Burns 1975) which provides as follows:

"(a) A person is guilty of possession of a controlled narcotic substance, if, without a valid prescription or order of a practitioner acting in the course of his professional practice...

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