Patterson v. State

This is an appeal from a conviction in Marion Criminal Court, Division One, for violation of Acts 1935, ch. 380 as amended, Burns Ind. Stat. Ann. § 10-3519, known as the 1935 Narcotics Act.

Appellant was charged by affidavit with the illegal possession of heroin with intent to sell (Count I) and illegal possession of heroin (Count II). Trial was had by court and at the conclusion of the state’s evidence the trial court sustained appellant’s motion for discharge as to Count I. Appellant was adjudged guilty as charged in Count II of the affidavit.

Appellant alleges that the finding of the trial…