Schwartz v. State

Defendant-appellant David Schwartz (Schwartz) was tried and convicted by jury on two counts of delivery of a controlled substance pursuant to IC 1971, 35-24.1-4.1-2 (Burns Code Ed.): 1 Count I, delivery of non-narcotic marijuana, and Count II, delivery of lysergic acid diethylamide (LSD). He was sentenced to a five-year term in prison with a $500 fine as to Count I, and an eight-year term in prison with an $800 fine as to Count II, the sentences being concurrent. Following denial of a timely motion to correct errors, Schwartz perfected this appeal.

Appellant raises numerous errors which,…