STATE v. YOUNG

No. 19647.

406 S.E.2d 758 (1991)

STATE of West Virginia, Plaintiff Below, Appellee, v. Edward H. YOUNG, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 28, 1991.


Attorney(s) appearing for the Case

C. Cooper Fulton, Kanawha County Public Defender Corp., Charleston, for appellant.

Joanna I. Tabit, Deputy Atty. Gen., Appellate Div., Charleston, for appellee.


McHUGH, Justice:

The primary issue in this appeal is one of first impression in this jurisdiction, specifically, under what circumstances a registered "practitioner," such as a physician or a dentist, may be held criminally responsible, under West Virginia's Uniform Controlled Substances Act, for the felonious constructive delivery of a controlled substance by the issuance of purported prescriptions for the controlled substance...

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