People v. McPherson

Opinion by

MR. JUSTICE LEE.

Tony Dallas McPherson (defendant) appeals from his conviction of possession of marijuana. C.R.S. 1963, 48-5-2. We reverse the conviction.

On the night of January 26, 1973, three Pueblo police officers in an unmarked patrol car put a house under surveillance in response to repeated telephone calls from an anonymous informant that its occupants might be involved in narcotics trafficking. A warrant had been obtained to search the house, but it had not yet been executed. Approximately half an hour after the surveillance had commenced, defendant emerged from the house…