People v. Walton

Defendant was indicted on a charge of unlawful possession of marijuana in violation of the Uniform Narcotic Drug Act (Ill Rev Stats, c 38, § 22-1 et seq., 1965). He was found guilty in a trial without a jury and after a hearing in aggravation and mitigation he was sentenced to the State Penitentiary for a term of from three to six years. On appeal he contends: (1) that the indictment, by failing to allege the element of “knowledge,” did not charge the commission of a crime, and (2) that the statutory classification of marijuana with narcotic drugs is arbitrary and unreasonable and in…