State v. Boyer

Charles Boyer was charged by information with robbery in count 1 and with committing or attempting to commit a felony, while armed with or in possession of a firearm, in count 2. He was convicted on both counts. Boyer challenged the information alleging that it placed him twice in jeopardy and that Laws of 1969, Ex. Ses., ch. 175, § 1, p. 1269, upon which the second count was based, was unconstitutional inasmuch as it denied him equal protection of the laws and was a usurpation of judicial power by the legislature. These motions were denied and Boyer was sentenced on each count to a term of…