OPINION
BUSSEY, Presiding Judge:
This is an appeal brought by the State of Oklahoma, under the provisions of 22 O.S. Supp. 1975, § 1053.1, from an Order of the District Court, Creek County, sustaining a Motion to Dismiss in Case No. CRF-76-9, wherein Clyde Brown a/k/a Hershel Leon Eaton, hereinafter referred to as defendant, was charged with Attempting to Obtain a Controlled Drug by Forged Prescription.
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