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Commonwealth v. Norman Gagnon (And Two

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eBook details

  • Title: Commonwealth v. Norman Gagnon (And Two
  • Author : Supreme Judicial Court of Massachusetts
  • Release Date : January 04, 1982
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 75 KB

Description

The second sentence of G. L. c. 94C, § 32 (a), which requires a ""mandatory minimum"" term of imprisonment for the unlawful distribution of a class A controlled substance, is so inconsistent with the optional language of the first sentence, which allows punishment for the offense by imprisonment, fine, or both, as to make § 32 (a) unconstitutionally vague. [569-574] The single issue in this case is the constitutionality of G. L. c. 94C, § 32 (a). We hold that it is unconstitutional.


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