Garner v. State

OPINION

By the Court,

Thompson, J.:

Separate appeals by Garner, one from a judgment of conviction entered upon a jury verdict finding him guilty of the unlawful possession and control of a narcotic drug, Case No. 4484, and the other from the denial by the district court of his application for a writ of habeas corpus which was presented following his conviction, Case No. 4493. We believe the judgment of conviction must be reversed and the cause remanded for a new trial, because of prejudicial misconduct by the prosecuting attorney and the reception of inadmissible evidence. Therefore, we will…