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DAVID v. STATE

No. 45A04-9404-CR-138.

646 N.E.2d 83 (1995)

Lowden Wayne DAVID III, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

February 2, 1995.

Attorney(s) appearing for the Case

Mark A. Bates, Appellate Public Defender, Crown Point, for appellant.

Pamela Carter, Atty. Gen., Lisa M. Paunicka, Deputy Atty. Gen., Indianapolis, for appellee.

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Lowden Wayne David III appeals his conviction for the crime of dealing in heroin as a class A felony.1 We reverse and remand for retrial.

ISSUE

Whether the court's instruction to the jury that "[p]ossession of a large amount of a controlled substance is circumstantial evidence of the defendant's intent to deliver" constitutes fundamental error...

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