People v. Buese

This is an appeal by the People pursuant to subdivision 1 of Penal Code section 1238 from an order dismissing the information charging defendant June Mennie Buese with bringing a drug into the Siskiyou County jail without having authority to do so by the rules of the jail (in violation of Pen. Code § 4573.5).

The trial court ordered the dismissal, holding that said code section violated due process; this because the word “drug” in the section without definition created an uncertainty intolerable in a criminal statute.

The “drugs” which defendant had brought into the jail were obedrin tablets…