CLARK v. STATE

No. 3-975A206.

367 N.E.2d 1117 (1977)

Jerome CLARK, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

September 29, 1977.


Attorney(s) appearing for the Case

Thomas L. Ryan, Deputy Public Defender, Fort Wayne, for appellant.

Theodore L. Sendak, Atty. Gen., Charles W. Vincent, Deputy Atty. Gen., Indianapolis, for appellee.


GARRARD, Judge.

Appellant Clark was convicted of unlawful possession of heroin. The sole question on appeal is whether the court erred in refusing to suppress the heroin and the testimony relating to it. The heroin was contained in a brown vial which Clark dropped to the floor when he was told he was under arrest. Concededly, the evidence was admissible if the arrest was proper and inadmissible if it was not.

The underlying events disclose that Clark was scheduled...

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