STATE v. VINSON

No. 73-1070.

298 So.2d 505 (1974)

STATE of Florida, Appellant, v. Clifford VINSON, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 4, 1974.


Attorney(s) appearing for the Case

Joseph P. D'Alessandro, State Atty., Louis S. St. Laurent, Chief Asst. State Atty., E.G. Couse and James Thompson, Asst. State Attys., Fort Myers, for appellant.

Robert E. Pyle, Lake Alfred, and Frank C. Alderman, III, Alderman, Hendry & Wallace, Fort Myers, for appellee.


GRIMES, Judge.

The state appeals the dismissal of a two count information charging appellee with the commission of third degree felonies. The first count charged that appellee

"did unlawfully deliver a controlled substance named or described in Section 893.03(2)(c), to-wit: Dexadrine, to TONY HORVATH, by use of a written order for said drug not issued in good faith and in the course of his professional practice."

The second count was worded the same...

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