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STATE v. KELLOGG

No. 12291.

568 P.2d 514 (1977)

98 Idaho 541

The STATE of Idaho, Plaintiff-Appellant, Cross-Respondent, v. Roscoe A. KELLOGG, Defendant-Respondent, Cross-Appellant.

Supreme Court of Idaho.

August 30, 1977.

Attorney(s) appearing for the Case

Wayne L. Kidwell, Atty. Gen., Lynn E. Thomas, Deputy Atty. Gen., Boise, for plaintiff-appellant, cross-respondent.

Stanley D. Crow, Boise, for defendant-respondent, cross-appellant.

SCOGGIN, District Judge.

Defendant-respondent Roscoe A. Kellogg was charged with the offense of selling a prescription drug, prednisolone, without legal authority to do so, in violation of I.C. § 37-2210. On defendant's motion, the district court dismissed the information, holding that the statutory procedure by which a drug is classified as a prescription drug constitutes an unconstitutional delegation of legislative authority in violation of Idaho Constitution...

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