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SUNDBERG v. STATE

29916.

234 Ga. 482 (1975)

216 S.E.2d 332

SUNDBERG v. THE STATE.

Supreme Court of Georgia.

Decided May 27, 1975.

Attorney(s) appearing for the Case

Nixon, Yow, Waller & Capers, John B. Long, for appellant.

Richard E. Allen, District Attorney, Sam B. Sibley, Jr., Assistant District Attorney, for appellee.

NICHOLS, Chief Justice.

Richard Chason Sundberg was indicted in a two-count indictment for possession of marijuana (Count 1) and for the sale and distribution of Phencyclidine (PCP) (Count 2). A demurrer was filed to the second count of his indictment in which it was contended that Code Ann. § 79A-903 (b) (4) violates Art. 1, Sec. 1, Par. 23 (Code Ann. § 2-123) (separation of powers) and Art. 3, Sec. 1, Par. 1 (Code Ann. § 2-1301) (delegation of legislative...

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