Burk v. State

Appellant, Debra Burk, was found guilty, after trial to a jury, of the use of a narcotic drug, Lysergic Acid Diethylamide, commonly known as LSD. Upon conviction, a minimum penalty was imposed which consisted of a one (1) dollar fine and a sentence of one hundred-eighty (180) days in the Correctional Department of the Indiana Women’s Prison. Appellant’s Motion to Correct Errors was overruled, and this appeal was initiated.

Appellant was charged pursuant to IC 1971, 35-24-1-2, (Ind. Ann. Stat. §10-3520 [1970 Supp.]). The affidavit reads, in part:

“. . . did then and there unlawfully and…