STATE v. SMITHERS

No. 1269S312.

256 Ind. 512 (1971)

269 N.E.2d 874

STATE OF INDIANA v. ARLIE RAY SMITHERS.

Supreme Court of Indiana.

Filed June 7, 1971.


Attorney(s) appearing for the Case

Theodore L. Sendak, Attorney General, Robert F. Hassett, Deputy Attorney General, for appellant.

Lawrence D. Renfro, of New Castle, for appellee.


DEBRULER, J.

The defendant was charged with the possession of marijuana under I.C. 1971, 35-24-1-2, being Burns § 10-3520(c). Prior to trial the defendant filed a motion to suppress the marijuana and the evidence concerning its seizure on the grounds that it had been obtained in violation of defendant's constitutional rights. The trial court granted defendant's motion and ultimately the defendant was acquitted in a trial without jury. The State appeals on a reserved...

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