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STATE v. CLINE

No. 1-473A67.

302 N.E.2d 534 (1973)

STATE of Indiana, Appellant (Plaintiff below), v. Charles CLINE, Appellee (Defendant below).

Court of Appeals of Indiana, First District.

October 29, 1973.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., John H. Meyers, Deputy Atty. Gen., Indianapolis, Malcolm H. Aukerman, Pros. Atty., Charles J. Eusey, Deputy Pros. Atty., Newport, for appellant.

Jack H. Mankin, Terre Haute, for appellee.

LYBROOK, Judge.

Defendant-appellee Cline was charged by indictment with sale of a dangerous drug, to-wit: amphetamine. From the judgment of the trial court sustaining Cline's motion to quash, the State appeals.

Cline's motion to quash alleges, in substance, that (1) the facts stated in the indictment do not constitute a public offense and (2) the indictment does not state the offense with sufficient certainty. In...

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