State v. Weir

Williams, Judge,

(dissenting) :

I think count two of the indictment is good. True, it does not allege, in terms, that the sale was made without the prescription of a licensed physician; but it does so, in effect, by negativing the fact that defendant is one of that class of persons who have the right to sell cocaine on a physician’s ¡prescription. I admit that section 1 of the act does not define the class of persons who are permitted to sell, but section 2 does. And the court is not confined to the first section to ascertain the crime, Che thing prohibited; it may look to the entire act. Sec.…