State v. Cook

Defendants were convicted of violating G.S. 90-113.2(3) which makes it unlawful “for any person to possess a barbiturate or stimulant drug unless such person obtained such barbiturate or stimulant drug in good faith on the prescription of a practitioner . . .” licensed to prescribe or dispense such drugs. Any person violating this statute, or any person who conspires, aids, abets or procures another to violate it, is, for the first offense, guilty of a misdemeanor. G.S. 90-113.7.

Defendants assign as error that: (1) the search warrant was not issued by one legally authorized to do so and…