Morris v. State

I respectfully dissent.

In a case in which dealing in a controlled substance is charged, the State bears the burden of proving the substance sold is a proscribed drug within the applicable statutory definition. Willis v. State (1988), Ind.App., 528 N.E.2d 486. In my view, the State has failed to carry its burden.

First, I have no problem with the trial court admitting into evidence State's Exhibit Number 8, two vials which were purported to contain Valium brand Diazepam. Admission of exhibits into evidence is left to the sound discretion of the trial court and we will reverse only upon a…