STATE v. KELLY

No. 13796.

678 P.2d 60 (1984)

106 Idaho 268

STATE of Idaho, Plaintiff-Respondent, v. Joseph P. KELLY, Defendant-Appellant.

Court of Appeals of Idaho.

Rehearing Denied March 29, 1984.

Petition for Review Denied June 11, 1984.


Attorney(s) appearing for the Case

Joseph P. Kelly, defendant-appellant pro se.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Timothy M. Walton, Steven W. Berenter, Deputy Attys. Gen., Boise, for plaintiff-respondent.


SWANSTROM, Judge.

Joseph Kelly appeals from his felony conviction for possession of marijuana with intent to manufacture. I.C. § 37-2732(a)(1)(B). The issues we address in this opinion fall into two broad categories: (1) whether the contraband introduced by the state against Kelly at his trial should have been suppressed upon the ground that it was seized in violation of the fourth amendment; and (2) whether Idaho's laws forbidding and penalizing the growing...

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