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STATE v. DILLIARD

No. 40782.

157 N.W.2d 75 (1968)

STATE of Minnesota, Respondent, v. Herman V. DILLIARD, Appellant.

Supreme Court of Minnesota.

March 8, 1968.

Attorney(s) appearing for the Case

Robins & Meshbesher, Minneapolis, for appellant.

Douglas M. Head, Atty. Gen., St. Paul, George M. Scott, Co. Atty., Henry W. McCarr, Jr., and David Weinberg, Asst. Co. Attys., Minneapolis, for respondent.

OPINION

KNUTSON, Chief Justice.

Defendant was indicted by the grand jury of Hennepin County for unlawfully prescribing a narcotic drug. He has moved to quash the indictment on the grounds that it was returned by a grand jury which was selected in violation of Minn.St. 628.41 and in violation of the Fourteenth Amendment to the United States Constitution.

The motion was heard by a three-judge court composed of Judges John A. Weeks, Theodore B. Knudson...

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