(DOWNLOAD) "State Missouri v. Jerry Mitchell" by Supreme Court of Nebraska ~ eBook PDF Kindle ePub Free

eBook details

Title: State Missouri v. Jerry Mitchell
Author : Supreme Court of Nebraska
Release Date : January 13, 1978
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 78 KB

Description

Appellant Jerry Mitchell appeals from the conviction and sentence of seven years entered on his plea of guilty to a charge of selling marihuana in violation of secs. 195.017 and 195.200, RSMo Supp. 1975. The two points made on this appeal are: 1) The classification of marihuana in schedule I of sec. 195.017 and the consequent punishment of marihuana offenses as set forth in sec. 195.200 deny appellant equal protection of the law in violation of the United States Constitution, Amendment 14, on the grounds that the classification of marihuana is arbitrary, erroneous, and irrational, and 2) the punishments provided for offenses involving the sale of marihuana under sec. 195.200 have no rational relationship to the gravity of the offense and are, therefore, facially unconstitutional as cruel and unusual punishment as applied to appellant. This court has jurisdiction under art. V, sec. 3, Mo.Const., as amended.