SMITH v. STATE

No. 3-1073A134.

316 N.E.2d 841 (1974)

James D. SMITH, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, Third District.

Rehearing Denied November 27, 1974.


Attorney(s) appearing for the Case

Kenneth M. Waterman, Fort Wayne, for appellant-defendant.

Theodore L. Sendak, Atty. Gen., Robert A. Zaban, Deputy Atty. Gen., Indianapolis, for appellee-plaintiff.


GARRARD, Judge.

The defendant was convicted of possession of heroin in violation of the Uniform Narcotic Drug Act, Ind. Ann. Stat. § 10-3520, IC 1971, 35-24-1-2 [repealed by Acts 1973, P.L. 335]. The only question presented on appeal is the sufficiency of the evidence to sustain a conviction.

On the day in question, the Fort Wayne Police had under surveillance a motel room registered to one Larry Roller. They observed defendant and his girl friend enter...

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