Smith v. State

Banke, Judge.

The appellant, a physician, was found guilty of multiple counts of possessing and dispensing biphetamine, an amphetamine, in violation of the Controlled Substances Act, Code Ann. § 79A-801 et seq. He was given eight concurrent 15-year sentences. He appeals the denial of his motion for new trial.

The appellant admitted writing eight prescriptions for the drug and having them filled personally at a pharmacy. His defense was that he had prescribed the drugs as a licensed physician for use by patients with a legitimate medical need for them. There seems to be no dispute that this was…