State v. Church

PREWITT, Judge.

Defendant was convicted of attempting to obtain a controlled substance by fraud or deception. § 195.250, RSMo 1978. He was sentenced to five years imprisonment.

His first point contends that the trial court gave an erroneous verdict directing instruction. Defendant was indicted by a grand jury. The indictment stated that defendant had attempted to obtain Pheno-phen # 4 by calling a pharmacy and representing himself to be a physician and ordering a prescription for Michael Thompson and then appearing at the pharmacy and representing himself to be Michael Thompson and attempting…