SMITH v. PEOPLE

No. 22530.

445 P.2d 67 (1968)

Michael Jeffrey SMITH, Plaintiff-in-Error, v. The PEOPLE of the State of Colorado, Defendant-in-Error.

Supreme Court of Colorado, In Department.

September 16, 1968.


Attorney(s) appearing for the Case

Leland S. Huttner, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Paul D. Rubner, Asst. Atty. Gen., Denver, for defendant in error.


MOORE, Chief Justice.

Plaintiff in error, hereinafter referred to as Smith, was convicted of the crime of unlawfully and feloniously having in his possession a narcotic drug, namely, heroin. He was sentenced to a term of not less than three nor more than eight years in the state penitentiary.

In his motion for a new trial he asserted three grounds, to wit:

"1. The Court's denial of defendant's motion to suppress evidence was error. "2. The...

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