State v. Varney

The defendant was convicted of the crime of illegal sale of a certain narcotic drug, to wit, heroin, and has appealed.

The first assignment of error attacks the constitutionality of the statute which he is charged with violating: OPS 474.010 (18); OPS 474.020 (1). The question was not raised in the court below and is not before us. Heroin is named in OPS 474.010 (18) as a narcotic, the sale of which is prohibited by OPS 474.020 (1). The attack is upon that part of OPS 474.010 (18) which, in addition to drugs specifically mentioned, defines narcotic drugs as “other drugs to which the federal…