STATE v. WARDEN

No. 11907.

554 P.2d 684 (1976)

97 Idaho 752

STATE of Idaho, Plaintiff-Respondent, v. Gary Paul WARDEN, Defendant-Appellant.

Supreme Court of Idaho.

September 21, 1976.


Attorney(s) appearing for the Case

William H. Foster, Grangeville, for appellant.

Wayne L. Kidwell, Atty. Gen., Rudolf D. Barchas, Deputy Atty. Gen., Boise, for respondent.


PER CURIAM.

This is an appeal from a judgment of conviction of possession of a controlled substance (marijuana). Although the principal issue posited on appeal by both appellant and respondent was the admission of certain evidence resulting from an allegedly illegal search and seizure, we do not reach that issue. Appellant also argues the insufficiency of the evidence to sustain the conviction. We agree and therefore reverse.

Since our holding is based upon...

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