Legal Opinion

State v. Goodwin

Nebraska Supreme Court

Decided April 14, 1967No. 36396PublishedCited by 2 opinions

1Opinion of the CourtSmith, J.

Defendant was convicted of attempting to obtain a narcotic drug, Robitussin A. C. containing codeine, by misrepresentation. The question is whether an exemption of certain medicinal preparations is applicable to the statute under which he was convicted.

Robitussin A. C. is a commercial cough syrupi which may be purchased without a prescription, but the transaction must be recorded. The evidence is undisputed that an ounce of syrup contained less than one grain of codeine phosphate.

The Narcotic Drug Act provides in part: “Except as otherwise specifically provided therein, this act shall not…

2Cases cited4 opinions

  1. Merritt v. StateIndiana Supreme Court · 1964
  2. Folenius v. Eckle, Supt.Ohio Court of Appeals · 1959
  3. People v. BowlbyAppellate Court of Illinois · 1964
  4. State v. SanchezUtah Supreme Court · 1962

3Cited by2 opinions

  1. State v. DanielsNebraska Supreme Court · 1973
  2. State v. WilliamsSupreme Court of Iowa · 1969

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