Supreme Court of Colorado September 14, 1981, 81SA135 (People v. Wellington)

HODGES, Chief Justice.

This is an appeal by the district attorney from a judgment granting defendant’s motion to dismiss a complaint charging the defendant with obtaining a narcotic drug by means of fraud and deceit, a felony. The trial court dismissed the complaint on the ground that section 12-22-319, C.R.S. 1973 is unconstitutional.