Roby v. State

ROSE, Justice.

Following a jury trial, the defendant, Roby, was convicted of delivering a controlled substance, marihuana, in violation of § 35-7-1031(a)(ii), W.S.1977. On appeal, he argues that he was denied a fair trial by reason of certain prosecutorial improprieties, and that the evidence was insufficient to sustain the conviction. Having determined that the prosecution engaged in improper cross-examination of the defendant and his father, we will reverse the defendant’s conviction.

The charge against the defendant was based on an alleged purchase of two lids of marihuana by a Park County…