Niswonger v. State

Appellant was tried by the judge of the Allen Circuit Court, without a jury, on the charge of having unlawfully sold cocaine, in violation of the act of 1911 pertaining to the sale of drugs (Acts 1911 p. 45). From a judgment of conviction, he prosecutes this appeal.

The act of the legislature on which this prosecution is *655based provides “That it shall be unlawful for any druggist or other person to retail, sell, or barter or give away any cocaine * * * except upon the written prescription of a duly registered physician, licensed veterinarian, or licensed dentist, * * * except, however, that…