State v. Kahler

THORNAL, Justice.

We have for consideration appellee’s motion to dismiss the appeal because of alleged lack of jurisdiction.

We must decide whether an oral announcement quashing an information because grounded on an unconstitutional statute is appealable directly to the Supreme Court when revealed only in a transcript of a hearing on the motion to quash.

An information charged Kahler with violating Fla.Stat. § 500.151 (1967), F.S.A. The statute makes it unlawful to “possess any habit-forming, toxic, harmful or new drug * * * unless the possession of such drug has been obtained by a valid…