Farmer v. State

Court of Appeals of Georgia

Farmer v. State

270 S.E.2d 26, 154 Ga. App. 666, 1980 Ga. App. LEXIS 2332

CourtCourt of Appeals of Georgia

DecidedMay 19, 1980

Docket59483

StatusPublished

This text of 270 S.E.2d 26 (Farmer v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Farmer v. State, 270 S.E.2d 26, 154 Ga. App. 666, 1980 Ga. App. LEXIS 2332 (Ga. Ct. App. 1980).

Pincite

Opinion

Sognier, Judge.

Farmer was convicted of dispensing and selling meperidine, commonly known as Demerol, in violation of the Georgia Controlled Substances Act. On appeal, he contends the trial court erred in denying his motion for a directed verdict, as neither Demerol nor meperidine is listed in Schedule II of the Controlled Substances Act (Code Ann. § 79A-807, Schedule II (c) (17)). We agree.

Although the prosecuting attorney told the court that meperidine is a Schedule II drug and it is specified in the law itself neither meperidine nor Demerol is listed in Schedule II, supra, or in any other schedule of controlled substances under Code Ann. § 79A-801 et seq. Since the state failed to establish that meperidine is a controlled substance, as alleged, it was error to deny appellant’s motion for a directed verdict of acquittal.

Judgment reversed.

Deen, C. J., and Birdsong, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Sognier, Judge.

Farmer was convicted of dispensing and selling meperidine, commonly known as Demerol, in violation of the Georgia Controlled Substances Act. On appeal, he contends the trial court erred in denying his motion for a directed verdict, as neither Demerol nor meperidine is listed in Schedule II of the Controlled Substances Act (Code Ann. § 79A-807, Schedule II (c) (17)). We agree.

Although the prosecuting attorney told the court that meperidine is a Schedule II drug and it is specified in the law itself neither meperidine nor Demerol is listed in Schedule II, supra, or in any other schedule of controlled substances under Code Ann. § 79A-801 et seq. Since the state failed to establish that meperidine is a controlled substance, as alleged, it was error to deny appellant’s motion for a directed verdict of acquittal.

Judgment reversed.

Deen, C. J., and Birdsong, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

270 S.E.2d 26, 154 Ga. App. 666, 1980 Ga. App. LEXIS 2332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmer-v-state-gactapp-1980.