STATE v. REED

No. 953.

14 Ohio App. 3d 63 (1983)

THE STATE OF OHIO, APPELLEE, v. REED, APPELLANT.

Court of Appeals of Ohio, Ross County.

Decided July 1, 1983.


Attorney(s) appearing for the Case

Mr. Richard G. Ward, prosecuting attorney, and Mr. Jack Kellenberger, for appellee.

Mr. Edward J. Brown, for appellant.


STEPHENSON, J.

This is an appeal from a judgment of conviction and sentence entered by the Ross County Court of Common Pleas upon a jury verdict finding Gregory Reed guilty of a violation of R.C. 2925.23(B)(1), which proscribes, inter alia, the knowing possession of a false or forged prescription. The following errors are assigned:

"I. Valium (diazepam) was not a controlled substance because the legislature unconstitutionally delegated its duty to make...

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