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DYTON v. STATE

250 A.2d 383 (1969)

Kenneth DYTON, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

January 16, 1969.

Attorney(s) appearing for the Case

Victor F. Battaglia, of Biggs & Battaglia, Wilmington, for defendant below, appellant.

John P. Daley, Deputy Atty. Gen., for plaintiff below, appellee.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

CAREY, Justice:

The appellant, Kenneth Dyton, was found guilty, after a non-jury trial in Superior Court, of illegally possessing a hypodermic needle and a narcotic drug. He has appealed from the sentences imposed therefor. His contentions are: (1) certain evidence should have been suppressed because it was seized as the result of an illegal search; and (2) the statute (16 Del.C. § 4716) making possession of a hypodermic...

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