Janski v. State

RAPER, Justice.

Following reversal of the trial court (529 P.2d 201), upon application of the State, a rehearing was granted in this case. It was thereafter argued anew and taken under advisement by the full court. We now set aside the original opinion as improvident and affirm. It is considered advisable to make a complete restatement of the facts in the case to cover the several points raised by the appellant.

The defendant-appellant was charged with delivering a controlled substance in violation of § 35 — 347.14(d) (10) and § 35-347.31 (a) (ii), W.S.1957, as amended. The drug involved was…