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PEOPLE v. HARPER

No. 27368.

562 P.2d 1112 (1977)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Brian Wayne HARPER, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

April 18, 1977.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Deborah L. Bianco, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Davies & Saint-Veltri, Joseph Saint-Veltri, Jonathan L. Olom, Denver, for defendant-appellant.

ERICKSON, Justice.

This appeal was taken after the defendant was convicted of violating C.R.S.1963, 48-5-20, sale of a narcotic drug.1 It is undisputed that a sale occurred. The issues are (1) whether the substance sold was the alleged narcotic drug—"cocaine"—within the meaning of the statute, and (2) whether the statute is defective because of an unconstitutional delegation of legislative power.

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