People v. Hampton

OFFENSE CHARGED

Possession of a narcotic drug. Ill. Rev. Stat. 1969, ch. 38, par. 22 — 3.

JUDGMENT

After a bench trial, defendant was found guilty of the offense charged and was sentenced to a term of not less than two nor more than six years.

CONTENTIONS RAISED ON APPEAL

1. Section 402(b) of the Controlled Substances Act (Ill. Rev. Stat. 1971, ch. 56½, par. 1402(b)) is unconstitutionally vague in that it does not allow a defendant to ascertain before trial whether he is being charged with a misdemeanor or a felony, and section 402(b), coupled with section 408 of the same act, denies a defendant…