Thompson v. State

Gregory, Justice.

The appellant, Earl Thompson, was indicted by the Thomas County Grand Jury for a violation of OCGA § 16-13-30.11 in that he *394“did unlawfully sell ... a non-controlled substance, to-wit: aspirin, I with the express and implied representation that the substance was a narcotic controlled substance, to-wit: cocaine, said substance being a counterfeit of a controlled substance to-wit: cocaine.” The appellant filed a motion to dismiss the indictment based upon the alleged unconstitutionality of the statute. Following a hearing, the motion to dismiss was denied. Appellant’s…