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PEOPLE v. McKENZIE

No. 24068.

458 P.2d 232 (1969)

PEOPLE of the State of Colorado, Plaintiffs in Error, v. Terry F. McKENZIE, Defendant in Error.

Supreme Court of Colorado, En Banc.

September 8, 1969.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Michael T. Haley, Asst. Atty. Gen., Denver, Frank F. Spiecker, Dist. Atty., Twenty-first Judicial District, Grand Junction, for plaintiffs in error.

No appearance for defendant in error.

KELLEY, Justice.

The people are here on writ of error directed to a judgment of acquittal. The defendant in error did not appear in this court. The judgment of acquittal grew out of the trial court's determination that C.R.S. 1963, 48-5-2 is unconstitutional as applied to this defendant.

The defendant, Terry F. McKenzie, was charged with unlawful possession of cannabis (marijuana), a narcotic drug, in violation of Colorado's Narcotic Drugs Act, C.R.S.1963...

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