LUSHER v. STATE

No. 3-778A161.

390 N.E.2d 702 (1979)

Arthur R. LUSHER, Jr., Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied September 11, 1979.


Attorney(s) appearing for the Case

Patrick Brennan, Patrick Brennan and Associates, South Bend, for defendant-appellant.

Theodore L. Sendak, Atty. Gen., Philip R. Blowers, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.


GARRARD, Presiding Judge.

Appellant Lusher was convicted of delivering a controlled substance, phencyclidine. Because we reverse we consider only two of Lusher's assigned errors.

Prosecution witness Leonard Burgess was a police informer who allegedly made the "buy" from Lusher on November 9, 1973. Burgess candidly admitted to being a heavy user of such drugs as marijuana, hashish, L.S.D., mescaline and PCP. He testified that at the time of the alleged offense...

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