People v. McKenzie

The people are here on writ of error directed to a judgment of acquittal. The defendant in error did not appear in this court. The judgment of acquittal grew out of the trial court’s determination that C.R.S. 1963, 48-5-2 is unconstitutional as applied to this defendant.

The defendant, Terry F. McKenzie, was charged with unlawful possession of cannabis (marijuana), a narcotic drug, in violation of Colorado’s Narcotic Drugs Act, C.R.S. 1963, 48-5-2. McKenzie waived his right to trial by jury and, with the acquiescence of the district attorney and the consent of the court, the charge was tried…