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STATE v. KELLOGG

No. 13096.

636 P.2d 750 (1981)

102 Idaho 628

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

Supreme Court of Idaho.

November 3, 1981.

Attorney(s) appearing for the Case

Stanley D. Crow and Conrad J. Aiken, Crow & Aiken, Boise, Roscoe A. Kellogg, pro se, for defendant-appellant.

David H. Leroy, Atty. Gen., Lynn E. Thomas, Sol. Gen., Boise, for plaintiff-respondent.

BISTLINE, Justice.

In Kellogg I1 we stated the issues there presented as follows:

"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...

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