No. 50548.

245 So.2d 159 (1970)

257 La. 1017

STATE of Louisiana v. Kevin B. BARNES.

Supreme Court of Louisiana.

On Rehearing February 24, 1971.

Attorney(s) appearing for the Case

Boles & Ryan, Charles H. Ryan, Monroe, for defendant-appellant.

Jack P. F. Gremillion, Atty. Gen., William P. Schuler, Asst. Atty. Gen., Albin P. Lassiter, Dist. Atty. (Robert W. Kostelka, Dist. Atty., on rehearing), Gilbert T. Brown, Jr., Asst. Dist. Atty., for plaintiff-appellee.

SANDERS, Justice.

The State charged Kevin B. Barnes with the possession of marijuana in violation of LSA-R.S. 40:962. He filed a motion to suppress the marijuana, alleging an unconstitutional search and seizure. After an evidentiary hearing, the trial judge overruled the motion. Upon trial, the jury returned a verdict of guilty, and the trial judge sentenced him to imprisonment in the state penitentiary for five years.

The defendant appeals, relying upon fourteen...


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