STATE v. CONLEY

No. 1312.

32 Ohio App.2d 54 (1971)

THE STATE OF OHIO, APPELLEE, v. CONLEY, APPELLANT.

Court of Appeals of Ohio, Marion County.

Decided August 23, 1971.


Attorney(s) appearing for the Case

Messrs. Dailey & Dailey, for appellant.

Mr. B. Edward Roberts, prosecuting attorney, for appellee.


COLE, J.

1. In his first assignment of error, the defendant, appellant herein, contends that the indictment fails to charge an offense in that it contains no allegation of knowledge or intent. The charge is brought under R. C. 3719.44 (D), making it a crime to:

"Sell, barter, exchange, or give away, or make offer therefor, any hallucinogen except in accordance with sections 3719.40 to 3719.49, inclusive, of the Revised Code."

The indictment reads in...

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