WELLS v. STATE

No. 3-1174A196.

351 N.E.2d 43 (1976)

Dean WELLS, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

July 14, 1976.


Attorney(s) appearing for the Case

John S. Bloom, Bloom, Bloom & Fleck, Columbia City, for defendant-appellant.

Theodore L. Sendak, Atty. Gen., John R. O'Bryan, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.


GARRARD, Judge.

Dean Wells was convicted of visiting a common nuisance in violation of one of the provisions of the Indiana Controlled Substances Act, IC 1971, 35-24.1-4-3.5 (Burns Supp. 1974).

He asserts that the evidence failed to establish that he "visited" the residence in question, and that it failed to establish that the residence was a common nuisance. In addition, he attempts to challenge the constitutionality of the statute. We find the evidence sufficient...

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