State v. Dooley

BARHAM, Justice.

This is an appeal by the State of Louisiana from the trial court’s ruling which quashed a bill of information on the ground that the statute charging the crime was unconstitutional. The defendant was charged with violating “R.S. 40:971(c), Act 457 of 1970, as amended by Act 59 of 1971, in that he knowingly and intentionally possessed a controlled dangerous substance, to-wit: LSD”. 1

In State v. Welkner, 259 La. 815, 253 So.2d 192, decided September 30, 1971, rehearing denied October 28, 1971, we held Act 457 of 1970 “unconstitutional insofar as it purports to regulate…