Harmon v. State

BOWEN, Judge.

The defendant was indicted and convicted for unlawfully obtaining or attempting to obtain Demerol “by the use of a forged prescription.” Alabama Code 1975, Section 20-2-1 et seq. The defendant was sentenced as a second offender to 25 years’ imprisonment. Section 20-2-76(a).

I

The defendant argues that the State failed to establish that Demerol is a controlled substance. The only objection at trial was in the defendant’s motion to exclude the State’s evidence when defense counsel stated:

“Your Honor, the Defendant would make a motion to exclude State’s evidence in that they have…