STATE v. HOLDEN

No. 37119.

548 S.W.2d 194 (1977)

STATE of Missouri, Plaintiff-Respondent, v. Patrick T. HOLDEN, Defendant-Appellant.

Missouri Court of Appeals, St. Louis District, Division One.

February 22, 1977.


Attorney(s) appearing for the Case

Robert A. Hampe, St. Louis, for defendant-appellant.

John Danforth, Atty. Gen., Philip M. Koppe, Asst. Atty. Gen., Jefferson City, Courtney Goodman, Jr., Pros. Atty., Samuel G. Bertolet, Asst. Pros. Atty., Clayton, for plaintiff-respondent.


WEIER, Judge.

In a jury-waived case, defendant Patrick T. Holden was convicted of obtaining a controlled substance by means of deceit. He was sentenced to two years in the Department of Corrections. Defendant appeals contending that the information lacks the allegedly essential requirement of reliance by the pharmacist and that the evidence fails to show the pharmacist relied on defendant's deceit when he filled the prescription.

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