State v. Taylor

Defendant was convicted on an indictment charging him with attempting to obtain a narcotic drag by presenting a forged prescription to a pharmacist. On appeal he claims he should have been granted a mistrial because of a statement made by the trial court in the presence of the jury.

The indictment charged that defendant had unlawfully attempted to obtain a “narcotic drug; to-wit, Numorphan” by a false prescription. Whether or not the drug identified by the trade name Numorphan was, in fact, a narcotic drug was an issue in the case. During the course of the trial the state presented an expert…