State v. Smith

RONALD R. HOLLIGER, Judge.

Stanley Smith was convicted of possession of a controlled substance under § 195.202 and manufacture and production of a controlled substance under § 195.211. 1 Because we find that the evidence was insufficient on both counts to support the convictions we reverse with directions that Smith be discharged.

On December 6, 1998, Kelly Shuttle-worth, a member of the Buchanan County Drug Strike Force, was shopping at Wal-Mart when he saw two men purchasing lithium batteries and cold medicine. Shut-tleworth believed one of the men to be Stanley Smith. After the men left the…