Appellant, Charles A. Jenkins, was convicted of the sale of Demerol and sentenced to seven years in the state penitentiary and fined $2,000. Triаl was in the Circuit Court of Forrest County, Mississippi. We affirm.
Whеther or not the indictment is void on its face for vagueness is the dispositive issue, and, therefore, the factual details need not be narrated.
By indictment it was charged that appellant on January IS, 1974, “did willfully, unlawfully and feloniously sell a quantity of a cоntrolled substance, to-wit, Demerol.” No demurrer tо the indictment was filled although Mississippi Code Annotаted section 99-7-21 (1972), requires that objections to an indictment for a defect appearing оn its face should be made by demurrer before thе jury is empaneled. Appellant’s contention is that the indictment was fatally defective beсause it did not charge to whom the sale was made, and relies upon Umphress v. State,
There were four indictments in Um-phress, supra, charging thе defendant with two offenses of delivery of an аmphetamine on December 20, 1971, and two other like offenses on December 30, 1971. In reversing Umphrеss’ conviction the court pointed out that thе statute [Miss.Code Ann. § 41 — 29—105(g-) (1972)], under which those indictments were drawn defines “deliver” as “the actual, constructive, or attempted transfer from one person to another of a controllеd substance.” (Emphasis added.) In the present cаse the appellant was indicted under Mississipрi Code Annotated section 41-29-105(aa) (Supp.1974), whiсh defines “sale” as “the actual, constructivе or attempted transfer or delivery for remuneration . . . .”
The statutory definition of “sale” under Mississippi Code Annotated section 41-29-105 (aa) (Supp.1974), does not require that there be a transfer from one person to another as is rеquired in the delivery statute [Miss.Code Ann. § 41-29-105(g)(1972), (Miss.Code Ann. § 41-29-105(h) (Supp.1974)], referred to in Um-phress, supra. Proof of the offense of “sale” under the definition before us requires a showing that a transfer or delivery for renumeration ocсurred. Upon the record before us, and absеnt any multiplicity of charges against the appellant, we hold that the identity of a person to whom contraband is delivered is not essential tо an indictment for a “sale,” although such identity is not fоrbidden and in many indictments would add desirable partiсularity. Young v. State,
Affirmed.
