State v. Fleming

MARTIN (Harry C.), Judge.

Defendant moved to quash the bill of indictment and assigns as error the court’s failure to allow the motion. The pertinent parts of the bill are:

The Jurors For The State Upon Their Oath Present that on or about the 21st day of June, 1980, in Burke County Joseph Berry Fleming unlawfully and wilfully did feloniously and intentionally attempt to acquire and obtain possession of Dilaudid (Hydromorphone), a controlled Substance included in Schedule II of the North Carolina Controlled Substances Act, from William Andrew Merrill, Pharmacist, by forgery in that defendant…