Hurst v. State

Two issues are presented on this appeal:

1. Is phencyclidine a dangerous drug within sec. 161.30 (1) (a) 1, Stats. 1969, and did the complaint establish it as such?

2. Did the trial court abuse its discretion in sentencing defendant to three years’ imprisonment?

Hurst was charged under sec. 161.30 (2), Stats. 1969, with the delivery of a dangerous drug without a prescription. Sec. 161.30 (1) provides the definitions:

“(a) ‘Dangerous drug’ means any of the following:

“1. Any drug or drug-containing preparation which is subject to the provisions of ss. SOS (c) and 50S (b) of the federal food, drug…