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STATE v. FARMER

No. 46,907

212 Kan. 163 (1973)

510 P.2d 180

STATE OF KANSAS, Appellee, v. JAMES V. FARMER, Appellant.

Supreme Court of Kansas.

Opinion filed May 12, 1973.

Attorney(s) appearing for the Case

Tom Clarkson, Goering, Silver and Clarkson, of Wichita, argued the cause and was on the brief for the appellant.

Wallace W. Underhill, Assistant District Attorney, argued the cause, and Vern Miller, Attorney General, Keith Sanborn, District Attorney, and Roger C. Skinner, Assistant District Attorney, were with him on the brief for appellee.

The opinion of the court was delivered by

KAUL, J.:

The defendant (James V. Farmer) appeals from a felony conviction by a jury for the delivery of Tedral Expectorant, a nonnarcotic drug, in violation of K.S.A. 1971 Supp. 65-2601, 2602 and 2607 [repealed, Laws of 1972, Chapter 234, Section 41, effective July 1, 1972]. Tedral Expectorant, the drug in question, was alleged to be a salt, compound or derivative of a barbituric acid,

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