State v. McIlravy

South Dakota Supreme Court

State v. McIlravy

205 N.W.2d 515, 87 S.D. 213, 1973 S.D. LEXIS 105

CourtSouth Dakota Supreme Court

DecidedMarch 21, 1973

DocketFile No. 11003

StatusPublished

This text of 205 N.W.2d 515 (State v. McIlravy) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. McIlravy, 205 N.W.2d 515, 87 S.D. 213, 1973 S.D. LEXIS 105 (S.D. 1973).

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Opinions

PER CURIAM.

An amended information was filed April 22, 1971, charging defendant with unlawfully and feloniously possessing a controlled drug on January 27, 1971. Defendant was subsequently convicted as charged.

The issue on appeal is whether or not the title to Chapter 229 of the 1970 Session Laws, under which defendant was convicted, is constitutionally adequate. This same issue was recently considered by this Court in the case of State v. Matteson, 1973, 87 S.D. 216, 205 N.W.2d 512, and was determined in favor of the defendant.

Accordingly, as the present act was committed during the defective title period, we are compelled to reverse the judgment of conviction appealed from.

WOLLMAN, J., dissents. DOYLE, J., not participating.

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