STATE v. RODRIGUEZ

No. 65323.

379 So.2d 1084 (1980)

STATE of Louisiana v. Larry RODRIGUEZ.

Supreme Court of Louisiana.

January 28, 1980.


Attorney(s) appearing for the Case

Clyde D. Merritt, Tilden, Greenbaum, Alvin Johnson, Orleans Indigent Defender Program, New Orleans, for defendant-respondent.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Julie C. LeBlanc, Louise Korns, Asst. Dist. Attys., for plaintiff-relator.


DIXON, Justice.

On June 4, 1979 defendant was arrested and charged by bill of information with a violation of R.S. 40:967, possession of pentazocine (Talwin), a controlled dangerous substance. Defendant filed a motion to quash the bill on the grounds that R.S. 40:962(B) was invalid as an unconstitutional delegation of legislative authority to the executive branch of the state government and that sufficient notice was not given defendant of the conduct prescribed,...

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