STATE v. KANE

No. 40234.

586 S.W.2d 812 (1979)

STATE of Missouri, Plaintiff-Respondent, v. Clyde KANE, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

September 4, 1979.


Attorney(s) appearing for the Case

Robert E. Ahrens, St. Louis, for defendant-appellant.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Gregory W. Schroeder, Asst. Attys. Gen., Jefferson City, George A. Peach, Circuit Atty., St. Louis, for plaintiff-respondent.


STEWART, Judge.

Defendant, a medical doctor, was convicted by a jury of two counts of illegal preparation of a prescription for Schedule III Controlled Substance, benzphetamine, and sentenced to pay a fine of $1,000.00 on each count. He appeals from the judgment entered upon the jury verdict.

For reversal defendant contends that the court should have sustained his motion for directed verdict because the State did not plead or prove that defendant prepared...

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