STATE v. GOODWIN

No. 36396.

150 N.W.2d 135 (1967)

181 Neb. 616

STATE of Nebraska, Appellee, v. John Watkins GOODWIN, Jr., Appellant.

Supreme Court of Nebraska.

April 14, 1967.


Attorney(s) appearing for the Case

Shrout, Hanley, Nestle & Caporale, Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., Calvin E. Robinson, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ.


SMITH, Justice.

Defendant was convicted of attempting to obtain a narcotic drug, Robitussin A. C. containing codeine, by misrepresentation. The question is whether an exemption of certain medicinal preparations is applicable to the statute under which he was convicted.

Robitussin A. C. is a commercial cough syrup which may be purchased without a prescription, but the transaction must be recorded. The evidence is undisputed that an ounce of syrup contained...

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