STATE v. WELKNER

No. 51715.

253 So.2d 192 (1971)

259 La. 815

STATE of Louisiana, Appellant, v. Barbara Jean WELKNER and John Douglas Tassistro, Defendants-Appellees.

Supreme Court of Louisiana.

Dissenting Opinion October 6, 1971.

Rehearing Denied October 28, 1971.


Attorney(s) appearing for the Case

Jack P. F. Gremillion, Atty. Gen., Harry H. Howard, Asst. Atty. Gen., Jim Garrison, Dist. Atty., Louise Korns, Maurice R. Franks, Asst. Dist. Attys., for plaintiff-appellant.

Bagert & Papale, Bernard J. Bagert, Jr., New Orleans, for defendants-appellees.

Joseph Neves Marcal, III, Marcal & O'Brien, New Orleans, for amicus curiae.


TATE, Justice.

The state appeals from a trial court judgment which sustained a motion to quash. The defendants were prosecuted under La. R.S. 40:971, as amended by Act 457 of 1970. The trial court held this 1970 statute unconstitutional insofar as it purported to apply to the control and use of barbiturate, amphetamine, and hallucinogenic drugs.

The trial court concluded the act was unconstitutional in this regard because its title was not sufficiently indicative...

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