GA 16-13-43 - GA 16-13-43

Forged Prescriptions Acquiring possession of controlled substance through forged prescription is essence of O.C.G.A. § 16-13-43(a)(3). State v. O'Neal, 156 Ga. App. 384 , 274 S.E.2d 575 (1980). O.C.G.A. § 16-13-43(a)(3) did not repeal O.C.G.A. § 16-9-1 by implication. - Repeal by implication is not favored, and if later Act does not embrace whole subject matter of prior Act and is not entirely repugnant to it, the court should apply a construction that will give the two statutes concurrent efficacy. State v. O'Neal, 156 Ga. App. 384 , 274 S.E.2d 575 (1980). Prosecution for violation of paragraph (a)(3) as bar to reindictment and reprosecution. - If former Code 1933, § 79A-822 (see now O.C.G.A. § 16-13-43 ) was exclusive section to be applied in a given case, former Code 1933, § 26-1701 (se...