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STATE v. MARKET

No. 1-473A68.

302 N.E.2d 541 (1973)

STATE of Indiana, Plaintiff-Appellant, v. Diane MARKET, Defendant-Appellee.

Court of Appeals of Indiana, First District.

October 26, 1973.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., John H. Meyers, Deputy Atty. Gen., Indianapolis, for plaintiff-appellant.

John B. McFaddin, McFaddin & McFaddin, Rockville, for defendant-appellee.

ROBERTSON, Presiding Judge.

The State is appealing the quashing of an indictment which charged Market with possession of "a dangerous drug, to-wit: `amphetamine'". The basis of the trial court's decision, as gleaned from the docket sheet notes overruling the motion to correct errors, is that amphetamine is not a dangerous drug as defined by IC 1971, 16-6-8-2(J), Ind. Ann. Stat. § 35-3332(j), (Burns 1972).

The trial court erred. Skaggs v. State (1973)...

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