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PEOPLE v. BENNETT

No. 26156.

536 P.2d 42 (1975)

PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Scott BENNETT, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 23, 1975.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Robert C. Lehnert, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Stephen A. Ware, Aspen, for defendant-appellant.

PRINGLE, Chief Justice.

On June 26, 1973, defendant Bennett was convicted of felony possession of over 120 lbs. of cannabis (marijuana) in violation of C.R.S.1963, 48-5-2.1 Prior to trial he moved to have the charge dismissed on the ground that the statute was unconstitutional in that it violated his rights as protected by the Fifth and Fourteenth Amendments to the United States Constitution. The motion was denied, and the entire substance...

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