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STATE v. MITCHELL

No. 59668.

563 S.W.2d 18 (1978)

STATE of Missouri, Respondent, v. Jerry MITCHELL, Appellant.

Supreme Court of Missouri, En Banc.

As Amended March 14, 1978.

Dissenting Opinions March 24, 1978.

Rehearing Denied April 10, 1978.

Attorney(s) appearing for the Case

Howard L. Eisberg, Kansas City, Steven G. Gladstone, Columbia, and R. Keith Stroup, Washington, D. C., for appellant.

John D. Ashcroft, Atty. Gen., Preston Dean, William F. Arnet, Asst. Attys. Gen., Jefferson City, for respondent.

BARDGETT, Judge.

Appellant Jerry Mitchell appeals from the conviction and sentence of seven years entered on his plea of guilty to a charge of selling marihuana in violation of secs. 195.017 and 195.200, RSMo Supp.1975. The two points made on this appeal are: 1) The classification of marihuana in schedule I of sec. 195.017 and the consequent punishment of marihuana offenses are set forth in sec. 195.200 deny appellant equal protection of the law in violation of the...

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