(DOWNLOAD) "State Idaho v. Jeff O'Mealey" by Supreme Court of Idaho No. 11097 # eBook PDF Kindle ePub Free

July 21, 2021

eBook details

Title: State Idaho v. Jeff O'Mealey
Author : Supreme Court of Idaho No. 11097
Release Date : January 09, 1973
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 57 KB

Description

This is an appeal by the State from an order of the district court granting a motion to dismiss a criminal complaint. The court held that the defendant was wrongfully held to answer in the district court since no evidence was presented upon which the magistrate could have found probable cause to believe the defendant committed the offense charged. The crime charged was unlawful possession of a controlled substance with the intent to deliver. The sole issue for determination herein is whether the intent to deliver a controlled substance can be inferred and presumed solely from the quantity and variety of substances found upon the defendant's person. We affirm the action of the district court. On July 4, 1971 a large Rock Festival under the guise of a religious assemblage was held at Farragut State Park. Undercover narcotic investigations at the park were conducted. During the time that the defendant was at the Park one of his companions sold an undercover agent what was represented by the seller to be a controlled substance. The substance involved in that sale turned out to be not a controlled substance, but rather common cocoa. Following the sale, the driver of the car, the Defendant O'Mealey, and two other companions left the park in an automobile. Officers followed the car for approximately six miles, then stopped it and arrested the occupants. Defendant was charged with the unlawful possession of a controlled substance with the intent to deliver. I.C. § 37-2732.

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