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STATE v. DRAPER

No. 976-2.

10 Wn. App. 802 (1974)

521 P.2d 53

THE STATE OF WASHINGTON, Respondent, v. WALTER LEON DRAPER, Appellant.

The Court of Appeals of Washington, Division Two.

March 27, 1974.

Attorney(s) appearing for the Case

K. Michael Jennings and McCormick, Hoffman, Rees & Arnold, for appellant.

Ronald L. Hendry, Prosecuting Attorney, and Joseph D. Mladinov, Special Counsel, for respondent.

ARMSTRONG, J.

Defendant appeals from a conviction of unlawful delivery of a controlled substance, to wit: sodium secobarbital, more commonly known as seconal. It is uncontradicted that at the time of the alleged sale or delivery, Mr. Draper did have in his possession a vial containing seconal capsules, which had been obtained pursuant to a prescription issued by a doctor. However, Mr. Draper denies that he transferred any of the capsules to the undercover narcotics...

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