STATE v. SEITTER

No. 21680.

900 P.2d 1367 (1995)

127 Idaho 356

STATE of Idaho, Plaintiff-Respondent, v. Charles W. SEITTER, Defendant-Appellant.

Supreme Court of Idaho, Boise, February 1995 Term.

August 18, 1995.


Attorney(s) appearing for the Case

Stanton P. Rines, Jr., Kendrick, for appellant.

Alan G. Lance, Atty. Gen.; Douglas A. Werth, Deputy Atty. Gen., for respondent. Douglas A. Werth, argued.


JOHNSON, Justice.

This is a criminal case involving drugs. The dispositive issue concerns the admission of evidence that we conclude was not relevant. Because we also conclude this error was not harmless, we reverse and remand for a new trial. We also provide the trial court direction concerning the instruction that should be given on the question of possession.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

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