Keesee v. State

McCAIN, Judge.

Defendant, John W. Keesee, appeals a judgment of guilty and sentence for the crime of “Obtaining Central Nervous System Stimulant by Fraud.” We reverse.

Defendant was charged by an information captioned “OBTAINING CENTRAL NERVOUS SYSTEM STIMULANT BY FRAUD” under F.S.A. § 404.02(8). The body of the information, however, alleged that defendant had obtained “a narcotic drug, to-wit: ‘Terpin Hydrate and Codiene [sic] Elixir N.F.’ * * * by fraud.” Defendant entered a plea of guilty but subsequently asked to be allowed to withdraw his plea of guilty and substitute a plea of not guilty…