Duke v. State

This is an appeal by Booker T. Duke, appellant, from his conviction after jury trial in the Criminal Court of Marion County, Division Two of two violations of the 1935 Narcotics Act.

Count No. 1 of the affidavit charged the defendant with the offense of having in his possession and under his control a narcotic drug, to-wit heroin, a derivative of opium. Ind. Anno. Stat. § 10-3520 (1956 Repl.).

Count No. 2 of said affidavit charged the defendant with selling a narcotic drug, to-wit heroin, a derivative of opium. Ind. Anno. Stat. § 10.-3520, supra. Judgment was entered upon the jury’s verdict of…