George Ward Builders, Inc. v. City of Lees Summit, Missouri

Code Annotated 41-29-139(a) (1972). Upon the multi-count indictment, the defendant was convicted upon two counts and sentenced to ten (10) years imprisonment, and a $7,500 fine on each of the two counts with incarceration to run concurrently on the two counts. On appeal, he argues that (1) the evidence of intent to deliver was not proven, and (2) evidence from his illegal arrest, search and seizure was erroneously introduced. We remand the cause for appropriate resentencing as set forth in this opinion.