State v. Miller

The opinion of the court was delivered by

Hopkins, J.:

The defendant is a licensed physician and holder of a permit from the United States revenue department to dispense narcotics. He was arrested, charged with and convicted of unlawful possession of morphine, and appeals.

Section 1 of the narcotic statute contains this language:

“It shall be unlawful for any person to keep or have in his possession or *488under his control for personal use or otherwise, any opium or coca leaves, or any compound, salt, derivative or preparation thereof, and such possession or control shall be presumptive evidence of…