Gayden v. State

The opinion which follows, except for the last five paragraphs, was prepared as the opinion of the Court, but it was not accepted by the majority.

The defendant was convicted of violating ■§ 255, Title 22, Code of 1940, as amended, which is a part of the Narcotic Drug Act. The Court of Appeals held that the demurrer to Counts 5 and 6 of the indictment ■should have been sustained. The State filed a petition for certiorari to have that ruling reviewed by this Court and we grant■ed the writ.

The Court of Appeals held Counts 1, 2, 3, ■4 and 7 of the indictment good as against demurrer, following…