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STATE v. JENNINGS

No. 174S17.

317 N.E.2d 446 (1974)

STATE of Indiana, Appellant (Plaintiff below), v. Martin Eugene JENNINGS, Appellee (Defendant below).

Supreme Court of Indiana.

Rehearing Denied January 6, 1975.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., John H. Meyers, Deputy Atty. Gen., Indianapolis, for appellant.

John G. Bunner, John F. Davis, Evansville, for appellee.

HUNTER, Justice.

This is an appeal by the State of Indiana following the trial court's dismissal of an affidavit charging the appellee with possession of marijuana. The trial court dismissed the charge on the grounds of lack of jurisdiction, and this Court entertains jurisdiction pursuant to AP. 4(A)(5). Appellee's motion to dismiss was grounded on the contention that "at the time of the commission of the alleged offense, there was no statute of the State of Indiana...

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