State v. Montgomery

In this third appeal, 1 appellant, Curtis Lee Montgomery, seeks to reverse his conviction of two drug offenses. He presents three assignments of error in which the principal claim is that the trial court erred with respect to the establishment of “bulk amount” of a Schedule II depressant (methaqualone) under R.C. 2925.01 (E)(8). These are not new issues because the means whereby bulk amount of a Schedule II depressant may be proved was set forth in a 1979 decision. Nevertheless, a careful review may be useful.

The first count of the indictment charged defendant with a sale on November 25,…