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STATE v. MYERS

No. 1-972A71.

299 N.E.2d 649 (1973)

STATE of Indiana, Plaintiff-Appellant, v. George Michael MYERS, and Gregory C. Pefley, Defendants-Appellees.

Court of Appeals of Indiana, First District.

August 6, 1973.

Attorney(s) appearing for the Case

Malcolm H. Aukerman, Pros. Atty., Newport, for plaintiff-appellant.

James P. Savage, Zell & Beardsley, Clinton, for defendants-appellees.

ROBERTSON, Presiding Judge.

The State is appealing the sustaining of a motion to quash which charged Myers and Pefley with possession of "a dangerous drug, to-wit: a hallucinogenic, more specifically described as marijuana, a derivative of cannabis... ." The trial court overruled the same motion to quash on the first count of affidavit which charged Myers and Pefley with possession of the same material characterized as a narcotic.

Although amended later to...

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