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STATE v. SMITH

No. 12773.

626 P.2d 206 (1981)

102 Idaho 108

The STATE of Idaho, Plaintiff-Respondent, v. John Christian SMITH and Ronald Olaf Moller, Defendants-Appellants.

Supreme Court of Idaho.

Rehearing Denied April 27, 1981.

Attorney(s) appearing for the Case

Robert M. Nielsen, Rupert, William J. Tway of Tway & Tway, Boise, for defendants-appellants.

David H. Leroy, Atty. Gen., Lynn E. Thomas and Roy L. Eiguren, Deputy Attys. Gen., Boise, for plaintiff-respondent.

BISTLINE, Justice.

Defendants-appellants John Smith and Ronald Moller met with Paul Johnson, an agent of the Idaho Bureau of Narcotic and Drug Enforcement, at Boise's Holiday Inn. At this meeting appellants exhibited to agent Johnson a sample of some marijuana which they were trying to sell to him. The sample marijuana, which weighed approximately 21 pounds, was in a box. Johnson agreed to buy a larger quantity of marijuana at a later date. He then left the motel...

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