The controlled substance consisted of twenty-two tablets of tenuate dosepan (diethylpropion hydrochloride). Tenuate Dosepan is an anorectic commonly used in the control of obesity, and diethylpropion is a Schedule IV substance under Sec. 52-1419, T.C.A.
On December 9, 1974, the defendant contacted Dr. Landrum Tucker, a practicing physician in Ripley, and asked him to issue a prescription for diet pills for her sister, Mae Turner, who lived in Gary, Indiana, but who was visiting with her in Ripley. The sister was not present, had never been a patient of Dr. Tucker, and, he had never seen her. The Doctor complied by writing a prescription to Mae Turner. Two days later defendant and a companion presented the prescription at a local drugstore and obtained thirty tablets of this medication.
Later on the day of issuance, defendant and her companion went to a Ripley beer joint where she gave the bottle containing twenty-two tablets to the operator. In a subsequent police raid these pills were confiscated, along with other contraband drugs. In a trash can inside the premises police found the label affixed by the pharmacist. Ample material evidence supports the purchase and the possession by the defendant.