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STATE v. FARRELL

Cr. Nos. 457, 462, 463.

214 N.W.2d 503 (1974)

STATE of North Dakota, Plaintiff/Appellee, v. Dennis Charles FARRELL, Defendant/Appellant. Hugo LOEB, Petitioner, v. Robert LANDON, Warden of the State Penitentiary; and the State of North Dakota, Respondents. Joseph John MAHRER, Petitioner, v. Robert LANDON, Warden of the State Penitentiary; and the State of North Dakota, Respondents.

Supreme Court of North Dakota.

Rehearings Denied February 1, 1974.

Attorney(s) appearing for the Case

C. J. Schauss, Mandan, for defendant/appellant, Farrell.

Lester J. Schirado, State's Atty., Mandan, for plaintiff/appellee, State.

John E. Adams, Asst. Atty. Gen., Bismarck, and Lester J. Schirado, State's Atty., and Richard L. Schnell, Asst. State's Atty., Mandan, for respondents, Landon and State.

Bair & Brown, Mandan, and Lundberg & Nodland, Bismarck, for petitioners, Loeb and Mahrer.

TEIGEN, Judge.

In these three cases penitentiary sentences were imposed upon the defendant, Farrell, and upon the petitioners, Loeb and Mahrer, for delivery and delivery and sale of a controlled substance in violation of Chapter 19-03.1, N.D.C.C., known as the Uniform Controlled Substances Act.

The defendant Farrell has appealed from the judgment and sentence, raising as the only issue the legality of the sentence.

The petitioners Loeb and Mahrer,...

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