[DOWNLOAD] "State v. Ponce" by Supreme Court of Kansas " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Ponce
- Author : Supreme Court of Kansas
- Release Date : January 08, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The opinion of the court was delivered by Jose Ponce was charged in Count I with possession of marijuana and in Count II with trafficking in contraband in a correctional institution (K.S.A. 1994 Supp. 21-3826), with the marijuana being the contraband. The district court, on motion of defendant, held K.S.A. 1994 Supp. 21-3826 was a constitutionally impermissible delegation of legislative authority and dismissed Count II. The State appeals therefrom pursuant to K.S.A. 1994 Supp. 22-3602. We shall first determine the jurisdictional issue raised by defendant. He asserts that this court lacks jurisdiction by virtue of the district court having dismissed the appeal herein. The following is a chronological listing of the pertinent dates: 1994 September 26 Defendant files motion to dismiss Count II on ground that the statute defining the offense is constitutionally impermissible.
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