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STATE v. BROADRICK

No. O-79-435.

620 P.2d 450 (1980)

The STATE of Oklahoma, Appellant, v. Dennis Lee BROADRICK, Appellee.

Court of Criminal Appeals of Oklahoma.

As Corrected December 19, 1980.

Attorney(s) appearing for the Case

Andrew M. Coats, Dist. Atty., Oklahoma County, Roger Stuart, Asst. Dist. Atty., Misdemeanor Division, Oklahoma City, for appellant.

Gary Peterson, Asst. App. Public Defender, Norman, for appellee.

OPINION

CORNISH, Presiding Judge:

The pivotal issue of this State appeal on a reversed question of law is whether "toluene," a substance contained in paint vapors, is a "drug" under the provisions of Laws 1978, c. 108, § 1, now 47 O.S.Supp. 1979, § 11-902(b), Persons Under the Influence of Intoxicating Liquor or of Drugs.

Title 47 O.S.Supp. 1979, § 11-902(b) provides as follows:

It is unlawful ... for any person who is under...

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