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STATE v. KING

No. 46842.

257 N.W.2d 693 (1977)

STATE of Minnesota, Appellant, v. Cleora Olive KING, a.k.a. Tina King, Respondent.

Supreme Court of Minnesota.

August 12, 1977.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., St. Paul, William Randall, County Atty., Steven C. DeCoster, Asst. County Atty., for appellant.

William E. Falvey, Ramsey County Public Defender, and Suzanne E. Flinsch, Asst. Public Defender, St. Paul, for respondent.

Heard before ROGOSHESKE, PETERSON, and SCOTT, JJ., and considered and decided by the court en banc.

ROGOSHESKE, Justice.

The state appeals from an order dismissing a complaint charging defendant on April 21, 1976, with the unlawful possession of phentermine, an alleged Schedule IV controlled substance not expressly listed as such in Minn. St. 1974, § 152.02, subd. 5. Prior to the charge against defendant, the State Board of Pharmacy (board) had designated phentermine a controlled substance by its legislatively delegated authority contained in Minn. St. 152...

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