State v. Gallion

MAUGHAN, Justice:

The state appeals from an order of the district court quashing an information filed against defendant. Defendant was charged with a violation of Section 58-37-8(4) D (a)(iii), U.C.A.1953, as enacted in 1972, that she altered a forged prescription for a Schedule II controlled substance, demerol. Conviction under this section provides the penalty for a felony in the third degree. We affirm.

In Section 58-37-4(3)(b), the substances which were determined by the legislature to be included in Schedule II were set forth. The substance, demerol, does not appear therein. The state…