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STATE v. WELCH

No. 43338.

279 So.2d 11 (1973)

STATE of Florida, Appellant, v. Peter Stuart WELCH, Jr., Appellee.

Supreme Court of Florida.

June 6, 1973.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Nelson E. Bailey, and C. Marie Bernard, Asst. Attys. Gen., for appellant.

Richard L. Jorandby, Public Defender, and Norman J. Kapner, Asst. Public Defender, for appellee.

McCAIN, Justice.

By direct appeal we have for review an order of the Circuit Court of Orange County which directly passed on the validity of a portion of the Florida Drug Abuse Law, Chapter 404, Florida Statutes, F.S.A. Jurisdiction over the cause is vested in this Court pursuant to Fla. Const., Article V, Section 3(b)(3) (1973), F.S.A.

On May 24, 1972, a two-count criminal information was filed against Peter Welch, charging him with possession and delivery...

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