G. E. G. v. State

SUNDBERG, Justice.

The typical drug possession case finds the defendant contesting on appeal the admission into evidence of the substance allegedly possessed. This case presents the antipodal issue: petitioner challenges the nonin-troduction of a substance marked for identification and about which there was testimony that it was marijuana, but which was not introduced into evidence.

Upon receiving a tip from petitioner’s stepfather that a “pot party” was going on in a neighbor’s house, police looked in a window and saw petitioner put in his pocket a plastic bag containing a brown substance. The…