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COM. v. HOLLINGSWORTH

685 S.W.2d 546 (1984)

COMMONWEALTH of Kentucky, Appellant, v. Thomas E. HOLLINGSWORTH, Appellee.

Supreme Court of Kentucky.

Rehearing Denied March 21, 1985.

Attorney(s) appearing for the Case

Steven L. Beshear, Atty. Gen., Virgil W. Webb, III, Asst. Atty. Gen., Frankfort, for appellant.

David Busse, Frank W. Heft, Jr., Louisville, for appellee.

CERTIFICATION OF THE LAW

The appellee, Thomas Edward Hollingsworth, was indicted on September 9, 1982, for trafficking in a Schedule III controlled substance, pentazocine, contrary to KRS 218 A.140. At the close of the Commonwealth's case Appellee moved for a directed verdict on the grounds that the statute dealing with Schedule III drugs, KRS 218A.090 did not control pentazocine in pill form. The trial court noted that the pill form of the drug was controlled by...

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