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STATE v. COLE

No. 57553.

337 So.2d 1067 (1976)

STATE of Louisiana v. Harry COLE.

Supreme Court of Louisiana.

Rehearing Denied October 13, 1976.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., M. Charles Brandt, Asst. Dist. Atty., for plaintiff-relator.

Arthur A. Lemann, III, Supervising Atty., Loyola Law School Clinic, New Orleans, Paul A. R. Mason, Student Practitioner, for defendant-respondent.

SUMMERS, Justice.

Defendant, Harry Cole, was indicted by the grand jury of Orleans Parish for possession with intent to distribute heroin, a violation of Section 966 of Title 40 of the Revised Statutes. He filed a motion to suppress, alleging that the evidence (heroin) was seized without a search warrant, arrest warrant, or otherwise pursuant to a valid arrest. After a hearing the motion to suppress was granted by the trial judge. The State then filed an application...

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