State v. Draper

Defendant appeals from a conviction of unlawful delivery of a controlled substance, to wit: sodium secobarbital, more commonly known as seconal. It is uncon-tradicted that at the time of the alleged sale or delivery, Mr. Draper did have in his possession a vial containing seconal capsules, which had been obtained pursuant to a prescription issued by a doctor. However, Mr. Draper denies that he transferred any of the capsules to the undercover narcotics agent who testified against him.

The incident involved in this appeal occurred during the early morning hours of November 12, 1972. During a…