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STATE v. MILES

Nos. 11825, 11827, 11839.

545 P.2d 484 (1976)

97 Idaho 396

STATE of Idaho, Plaintiff-Respondent, v. James L. MILES et al., Defendants-Appellants.

Supreme Court of Idaho.

January 16, 1976.

Attorney(s) appearing for the Case

James F. Judd, Post Falls, for appellant Miles.

Thomas A. Mitchell, Coeur d'Alene, for appellant Lassfolk.

Richard P. Wallace, Coeur d'Alene, for appellant Krull.

Wayne L. Kidwell, Atty. Gen., Gordon S. Nielson, Sr. Deputy Atty. Gen., Lynn E. Thomas, James W. Blaine, Deputy Attys. Gen., James F. Kile, Asst. Atty. Gen., Boise, and Gary M. Haman, Sp. Asst. Atty. Gen., Coeur d'Alene, for respondent.

DONALDSON, Justice.

This is an appeal from a jury determination that appellants James L. Miles and John J. Lassfolk were guilty of unlawful delivery of a controlled substance and appellant Barrett P. Krull was guilty of unlawful possession of a controlled substance with intent to deliver the same.1

The main issues facing this Court are: (1) Was the substance seized at the time of arrest shown beyond a reasonable doubt to be marijuana...

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