Silva v. State

NEAL, Judge.

STATEMENT OF THE. CASE

This is an appeal from the Adams Circuit Court by defendant-appellant David Silva (Silva) from a conviction on two counts of dealing in marijuana in excess of 30 grams under Ind.Code 35-48-4-10(1) (Supp.1978).

We reverse.

STATEMENT OF THE FACTS

The evidence most favorable in support of the conviction discloses that on December 7, 1978, Douglas Schultz, a State Police detective in the drug enforcement section and his informant, Mick Smith, at the culmination of an investigation, approached Silva and asked if he “had anything.” Silva responded that he had just…