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STATE v. GREEN

No. WD 36743.

707 S.W.2d 481 (1986)

STATE of Missouri, Respondent, v. Waunita GREEN, Appellant.

Missouri Court of Appeals, Western District.

April 1, 1986.

Attorney(s) appearing for the Case

Sean D. O'Brien, Anne Hall, Kansas City, for appellant.

William L. Webster, Stephen D. Hawke, Jefferson City, for respondent.

Before CLARK, C.J., Presiding, and KENNEDY and LOWENSTEIN, JJ.

KENNEDY, Judge.

Defendant was convicted upon jury trial of attempting by fraud to obtain Valium or Diazepam, a Schedule IV controlled substance, § 195.250, RSMo 1978, and was sentenced to three years' imprisonment. A caller identifying herself as "Sharon" from "Dr. Collins' office" telephoned in to the Hyde Park Pharmacy in Kansas City a prescription for Valium for one Carol Fouts. The caller gave the pharmacist a DEA number (a number assigned to physicians by...

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