Lively v. State

John E. Jennings, Judge.

Appellant, Billy Don Lively, was charged with delivery of a controlled substance, cocaine, in violation of Ark. Stat. Ann. § 82-2617 (Repl. 1976) (now Ark. Code Ann. § 5-64-401 (1987)). The case was tried to the circuit court, sitting without a jury. Lively was convicted and sentenced to a term of 10 years imprisonment.

Appellant does not argue that the evidence is insufficient to establish that he sold cocaine but argues on appeal that he is entitled to reversal because the State failed to prove that cocaine is a “controlled substance” or that cocaine is a “narcotic…