State v. Horan

This is an appeal to the superior court from a conviction by the Goffstown District Court on a complaint charging the defendant with an offense under the Controlled Drug Act. RSA ch. 318-B (Supp. 1973). The defendant was sentenced to probation for one year. In the superior court, the defendant moved to dismiss on the ground that RSA 318-B:26 II (b) is unconstitutional because in violation of both State and Federal Constitutions, and because the complaint failed to charge that the defendant was engaged in any illegal conduct. The motion was denied by Flynn, J., subject to the defendant’s…