GRIMES, J.
The defendants were indicted on January 22, 1969, for unlawfully selling a narcotic drug, marijuana, in violation of RSA 318-A:2. There are three indictments against Prevost and one against Berge. At their arraignment and before a plea, they both moved to quash the indictments on the ground that RSA 318-A:21 II which establishes the penalty at a minimum of five years, also provides that "the imposition or execution of sentence shall not be suspended" and...
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