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IRVIN v. STATE

No. 671S150.

282 N.E.2d 825 (1972)

Phillip IRVIN, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

Rehearing Denied July 11, 1972.

Attorney(s) appearing for the Case

David F. McNamar, Steers, Klee, Sullivan & LeMay, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Stephen D. Clase, Deputy Atty. Gen., for appellee.

DeBRULER, Justice.

The appellant was indicted for a violation of the 1935 Narcotics Act (as amended) which indictment charges in relevant portion that the appellant:

"did then and there unlawfully and feloniously possess and have under his control certain instruments, to-wit: an eye-dropper, hypodermic needle and cooker, with the intent to unlawfully administer and use narcotic drugs, which said instruments were...

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