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For a case when we've got a meth lab caught during production while the meth was still in solution, we have been using:

Then and there knowingly manufacture, by a combination of extraction and chemical synthesis, a controlled substance, namely, Methamphetamine, in an amount of 400 grams or more.

A suggestion was made to change it simply to:

Then and there knowingly manufacture by producing a controlled substance, namely, Methamphetamine, in an amount of 400 grams or more.

Or even:

Then and there knowingly manufacture by a production, preparation, propagation, compounding, conversion, or processing of a controlled substance, namely, Methamphetamine, in an amount of 400 grams or more.

Opinions? What do you guys use?
 
Posts: 764 | Location: Dallas, Texas | Registered: November 04, 2003Reply With QuoteReport This Post
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481.002(25)
481.112
and Charging manual, page 190

I'd sure appreciate any advice.
 
Posts: 764 | Location: Dallas, Texas | Registered: November 04, 2003Reply With QuoteReport This Post
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Philip:

I vote for your first suggestion--the one that leaves out the method of manufacture--because it would be the simplest one to prove at trial. No one but a chemistry major would know what the other suggested indictments means anyway.
 
Posts: 686 | Location: Beeville, Texas, U.S.A. | Registered: March 22, 2001Reply With QuoteReport This Post
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