State v. Fitcher

This case involves the sufficiency of an indictment returned against Hampden V. Fitcher, III. The indictment alleged that Mr. Fitcher had committed the offense of delivery of a controlled substance by “... *682delivering a controlled substance, cocaine, which is a derivative of non-decocainized coca leaves.... ” In an order dated April 13, 1984, the Circuit Court of Wood County granted the defendant’s motion to dismiss the indictment on the ground that it failed adequately to charge a crime. The State appeals from this dismissal order.

The principal question before us is whether delivery of…