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BARTON v. STATE

No. 48880.

328 So.2d 353 (1976)

Jerry BARTON v. STATE of Mississippi.

Supreme Court of Mississippi.

March 9, 1976.

Attorney(s) appearing for the Case

Constance I. Slaughter, Forest, for appellant.

A.F. Summer, Atty. Gen., by Vera M. Speakes, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before GILLESPIE, WALKER and BROOM, JJ.

GILLESPIE, Chief Justice:

Jerry Barton was convicted in the Circuit Court of Scott County of possessing more than an ounce of marijuana and sentenced to a term in the penitentiary.

The marijuana was found by the officers in an automobile occupied by defendant. The question is whether the highway patrolman had probable cause to stop and search the automobile under the following circumstances.1

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