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STATE v. BROWN

Nos. 67236, 67738.

389 So.2d 48 (1980)

STATE of Louisiana v. Charley BROWN, Jr. STATE of Louisiana v. Vernon BERNARD.

Supreme Court of Louisiana.

September 19, 1980.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Richard J. Petre, Jr., Jeffery Bassett, Asst. Dist. Attys., for plaintiff-relator in both cases.

Roy Raspanti, New Orleans, for defendant-respondent, Charley Brown, Jr.

Milton Masinter, New Orleans, for defendant-respondent, Vernon Bernard.

CALOGERO, Justice.

This case presents the question whether R.S. 40:969(C) making criminal the "unknowing" as well as the intentional possession of Talwin is constitutional. Charley Brown, Jr., was charged by bill of information with possession of pentazocine (Talwin) in violation of R.S. 40:969(C). He filed a motion to quash the information alleging the unconstitutionality of the statute. The trial judge granted the motion to quash.

Defendant Vernon Bernard...

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