State v. Holden

WEIER, Judge.

In a jury-waived case, defendant Patrick T. Holden was convicted of obtaining a controlled substance by means of deceit. He was sentenced to two years in the Department of Corrections. Defendant appeals contending that the information lacks the allegedly essential requirement of reliance by the pharmacist and that the evidence fails to show the pharmacist relied on defendant’s deceit when he filled the prescription.

The information reads as follows:

[0]n or about the 7th day of December, 1973, the defendant(s) did willfully, unlawfully and feloniously and by means of deceit obtain…