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STATE v. TUCKER

Nos. 11093, 11139.

539 P.2d 556 (1975)

97 Idaho 4

STATE of Idaho, Plaintiff-Respondent, v. Ernest H. TUCKER, Defendant-Appellant. Ernest H. TUCKER, Plaintiff-Appellant, v. STATE of Idaho, Defendant-Respondent.

Supreme Court of Idaho.

July 22, 1975.

Attorney(s) appearing for the Case

Fred Kennedy of Quane, Kennedy & Smith, Boise, for appellant.

W. Anthony Park, Atty. Gen., J. Dennis (J.D.) Williams and Lynn E. Thomas, Deputy Attys. Gen., and William F. Lee and James P. Kaufman, Asst. Attys. Gen., State of Idaho, for respondent.

ON REHEARING

McFADDEN, Justice.

The previous opinion in this case is withdrawn and this opinion is hereby substituted.

This case arises from the conviction after a jury trial and sentencing of Ernest H. Tucker, defendant-appellant. Tucker was convicted of the crime of unlawful sale of a narcotic (I.C. § 37-2717, repealed by S.L. 1971, Ch. 215). The appellant appeals from the judgment of conviction, denial of his motion for a new trial, and judgment...

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