State v. Martin

ROGERS; Justice.

The defendant, Wilson Martin, appeals from his conviction and sentence for unlawfully possessing and having under his control a narcotic drug — three capsules of heroin — in violation of Act No. 14 of the Second Extra Session of 1934, as amended by Act No. 82 of 1938. The statute, as provided in section 25 thereof, is designated as the Uniform Narcotic Drug Act.

Subsequent to his conviction but prior to his sentence, defendant filed a motion in arrest, attacking the constitutionality of Act, No. 14 of the Second Extra Session of 1934. The trial judge sustained the motion,…