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STATE v. BURGESS

S92G1284.

263 Ga. 143 (1993)

429 S.E.2d 252

THE STATE v. BURGESS.

Supreme Court of Georgia.

Reconsideration Denied May 28, 1993.

Attorney(s) appearing for the Case

W. A. Foster III, District Attorney, Jeffrey L. Ballew, Assistant District Attorney, for appellant.

Murphy, Murphy, & Garner, Stephen E. Garner, Julie Williams Cain, for appellee.

SEARS-COLLINS, Justice.

Ronald Burgess, the appellee, sold a substance which he represented to be methamphetamine to an informant for $700.1 The substance turned out to be primarily niacinamide, a vitamin which is regarded as a "dangerous drug" in Georgia, OCGA § 16-13-71 (b) (640.3), and which is commonly used as a cutting agent for methamphetamine. The appellee was indicted and convicted for violating OCGA § 16-13-30.1

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