State v. Gonterman

FLANIGAN, Chief Judge.

The defendant was charged, in a two-count information, with the unlawful possession of two Schedule III controlled substances § 195.240.1 Count I charged the possession of lysergic acid, § 195.017 6(3)(d), (L.1971 H.B. 69), and Count II charged the unlawful possession of phencyclidine, § 195.017 6(3Xg) (L.1971 H.B. 69). The information charged, and the evidence showed, that the two offenses were committed simultaneously.

A jury was waived and the trial court, after hearing the evidence, found the defendant guilty on both counts. After defendant’s motion for new trial was…