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STATE v. MORGAN

Nos. 42018-42021.

178 N.W.2d 697 (1970)

STATE of Minnesota, Plaintiff, v. Larry MORGAN, Michael Hanson, Gerald Simonson, James Horton, Defendants.

Supreme Court of Minnesota.

June 26, 1970.

Attorney(s) appearing for the Case

Douglas Head, Atty. Gen., Darrell C. Hill, Sp. Asst. Atty. Gen., St. Paul, Robert C. Tuveson, County Atty., Albert Lea, for plaintiff.

Keith & Healy, Rochester, for Morgan and Simonson.

Peterson, Peterson & Peterson, and Thomas Allen, Albert Lea, for Hanson and Horton.

Heard before KNUTSON, C. J., and ROGOSHESKE, SHERAN, PETERSON, and FRANK T. GALLAGHER, JJ.

OPINION

SHERAN, Justice.

In criminal proceedings in the district court the Honorable Daniel F. Foley certified a question of law involved in these cases as important and doubtful, requiring consideration of the problem by this court. Minn.St. 632.10.

The question posed is whether a person can be convicted of violating § 618.02 when found in possession of a quantity of marijuana so minimal in amount as to be unusable.

The answer to the...

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