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COMMONWEALTH v. HALL

394 S.W.2d 448 (1965)

COMMONWEALTH of Kentucky, Appellant, v. Charles Russell HALL, Appellee.

Court of Appeals of Kentucky.

September 24, 1965.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. N. McTyeire, Asst. Atty. Gen., Carl C. Ousley, Jr., Commonwealth's Asst. Atty. Gen., Louisville, for appellant.

Robert Delahanty, Delahanty & Terry, Louisville, for appellee.

PALMORE, Judge.

In Robinson v. State of California, 370 U.S. 660, 82 S.Ct. 1417, 8 L.Ed.2d 758 (1962), the Supreme Court held unconstitutional1 a California law making it a crime to be a drug addict. Pursuant to that decision the Jefferson Circuit Court held that KRS 218.250 is likewise invalid and dismissed the indictment in this case. The Commonwealth appeals. KRS 21.140(3).

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