[DOWNLOAD] "State Idaho v. Roscoe A. Kellogg" by Supreme Court Of Idaho # eBook PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Roscoe A. Kellogg
- Author : Supreme Court Of Idaho
- Release Date : January 30, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Defendant-respondent Roscoe A. Kellogg was charged with the offense of selling a prescription drug, prednisolone, without legal authority to do so, in violation of I.C. § 37-2210. On defendants motion, the district court dismissed the information, holding that the statutory procedure by which a drug is classified as a prescription drug constitutes an unconstitutional delegation of legislative authority in violation of Idaho Constitution Art. 2, § 1, and Art. 3, § 1. The state appeals, arguing that there is no improper delegation. Defendant raises two additional issues on cross-appeal. Defendant contends that the state has failed to show that prednisolone is a prescription drug, and that because he is a naturopathic physician, he is entitled to dispense prescription drugs under the terms of the statute. We reverse and remand.