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STATE v. KENT

No. 52277.

264 So.2d 611 (1972)

262 La. 695

STATE of Louisiana v. Benjamin Frank KENT.

Supreme Court of Louisiana.

June 29, 1972.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Harry H. Howard, Asst. Atty. Gen., Jim Garrison, Dist. Atty., Louise Korns, Maurice R. Franks, H. R. Alexander, Asst. Dist. Attys., for plaintiff-relator.

W. Donald Cashio, New Orleans, for defendant-respondent.

BARHAM, Justice.

Defendant Benjamin Kent was charged with possession of a controlled dangerous substance, Tuinol, under R.S. 40:971 as amended by Act 457 of 1970, tried, and found guilty. Before he could be sentenced, however, this court rendered its decision in State v. Welkner, 259 La. 815, 253 So.2d 192 (1971), declaring unconstitutional that portion of Act 457 of 1970 which was to regulate amphetamines...

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