Hutcherson v. State

382 N.E.2d 983 (1978)

Marvin HUTCHERSON, Appellant (Defendant below),

v.

STATE of Indiana, Appellee (Plaintiff below).

No. 2-1076A384.

Court of Appeals of Indiana, Fourth District.

November 22, 1978.

Lawrence O. Sells, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Terry G. Duga, Deputy Atty. Gen., Indianapolis, for appellee.

YOUNG, Judge.

ON PETITION FOR REHEARING

The State petitions for rehearing on the ground that a new question of law was erroneously decided, namely in construing I.C. 1971, 35-24.1-4.1-6(b) (Burns Code Ed.) as referring to heroin, and not a substance containing heroin.…