State v. DeGidio

Otis, Justice.

Defendant appeals from a conviction for uttering a forged prescription and using a false name in order to obtain narcotic drugs in violation of Minn. St. 618.18.

No evidence was submitted by the defendant. He discharged his first attorney, which prompted the court to declare a mistrial. The public defender was thereupon appointed and defendant waived a jury trial. He was then tried and found guilty by the court. The testimony of plaintiff’s witnesses permitted the court to find that on October 23, 1963, the defendant presented to one Stephen Kachina, a pharmacist at 4201 Webber…