About to go to trial on case where defendant presented completely forged prescription. No definition in Controlled Substances Act for forgery. Do I use the penal code definition? Or is there case law that directs me otherwise?

Thanks.

"A person commits the offense of certain transfers of claims, as defined in the State Lottery Act if he, as pertinent to this appeal, induces another person to assign or transfer a right to claim a prize. Tex. Gov't Code Ann. S466.310(a)(1)(Vernon 1998). The State Lottery Act does not define the term induce. Furthermore, the parties have not directed us, and our research has failed to reveal, any other provisions of the Government Code or the Penal Code which furnish a definition for it. See id. S466.002. When words are not defined in a statute, they are ordinarily given their plain meaning unless the statute clearly shows that they were used in some other sense. Daniels v State, 754 S.W.2d 214, 219 (Tex.Cr.App.1988)." Jiwani v State, 2004 WL 1469408(Tex.App.-Amarillo) 2004.

How do you have it indicted?

481.129 speaks of fraudulent acquisition of controlled substances. Look at (a)(3) and (a)(5(A).

I'm assuming that you indicted under one of these sections and now need a definition because those words aren't internally defined in 481?

ALSO

The AG's office helped us out on a drug diversion case where a nurse was swiping meds from an assisted living home. I'll hook you up with the investigator on that case that may have some ideas or helpful thoughts.

pray@co.cooke.tx.us or (940) 668-5466.

[This message was edited by Philip D Ray on 03-29-05 at .]

Think I'm going to have to us the plain language rule/ordinary/common definition.