State v. A.G.

CLEMENS, Senior Judge.

Appellant-state had charged respondent-defendant, a licensed druggist, with unlawful sale of narcotics under Section 196.060 RSMo. The trial court dismissed the indictment as impermissibly vague.

At issue here are the statutory words excluding narcotic sales made “in good faith”. The state has appealed the dismissal. We reverse and remand.

A criminal statute is presumably constitutional; the defendant has the burden of showing it violates the constitution. State v. Mitchell, 563 S.W.2d 18[12 — 14] (Mo. banc 1978).

We look to the challenged statutory words excluding narcotic…