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STATE v. PORTER

No. 2-974A217.

324 N.E.2d 857 (1975)

STATE of Indiana, Plaintiff-Appellant, v. John Robert PORTER et al., Defendants-Appellees.

Court of Appeals of Indiana, First District.

March 27, 1975.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., John H. Meyers, Deputy Atty. Gen., Indianapolis, for plaintiff-appellant.

E. Kent Moore, Lafayette, Stephen Bower, Kentland, John T. Million, Monticello, James Gardner, Fowler, for defendants-appellees.

ROBERTSON, Chief Judge.

The State appeals action taken by the trial court in granting a motion to suppress evidence. The two issues as presented by the State are:

"1. Whether the seizure of marijuana lying unconcealed in the yard of a house is the result of a search and requires a search warrant to be valid. 2. Whether defendants in a `possession' case who do not establish that they were legitimately present on certain premises have standing to...

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