(Download) "State Nebraska v. William Shiffbauer" by Supreme Court of Nebraska " Book PDF Kindle ePub Free
eBook details
- Title: State Nebraska v. William Shiffbauer
- Author : Supreme Court of Nebraska
- Release Date : January 09, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Defendant, William Shiffbauer, was found guilty by a jury of knowingly or intentionally delivering a substance which he represented
to be a controlled substance but which was not in fact such a substance. He was sentenced to 1 year probation and 60 days
imprisonment in the Douglas County jail was imposed as one of the conditions of probation. Defendant appealed, alleging four
assignments of error: (1) Section 28-4,125(7), R. R. S. 1943, under which he was charged, is violative of fundamental principles
of due process; (2) the evidence is insufficient to sustain the verdict; (3) the trial court refused to instruct the jury
as to a lesser offense; and (4) the trial court erred in making a 60-day period of imprisonment a condition of probation.
We affirm. On the night of June 16, 1975, an undercover agent established contact with the defendant in Omaha. The undercover agent
told the defendant he wanted to buy some amphetamines. The defendant offered to sell the agent 100 tablets of dexedrine for
$25. Dexedrine is a controlled substance under the Uniform Controlled Substances Act. The agent gave the defendant $25 and
received a plastic bag full of white pills similar to aspirin tablets in return. The substance was analyzed by a research
chemist. The tablets were caffeine, not dexedrine. Caffeine is not a controlled substance. The defendant was charged with
knowingly or intentionally delivering a substance which he represented to be a controlled substance but which, in fact, was
not such a substance, in violation of section 28-4,125(7), R. R. S. 1943.
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