State v. Miller

Nelson, Justice.

This matter is before this court pursuant to a certificate by the District Court of Blue Earth County that a question of law is so important or doubtful within the meaning of Minn. St. 632.10 as to require the decision of this court.

Defendant, Henry Lawrence Miller, was arrested in Mankato *34on December 3, 1968, and charged with possession of a stimulant or depressant drug (d-lysergic acid diethylamide, or LSD), a gross misdemeanor in violation of Minn. St. 152.09 and 152.15.

On December 4, 1968, defendant appeared specially in Mankato municipal court and moved for dismissal on…