STATE v. BROADWAY

No. CR 80-16.

599 S.W.2d 721 (1980)

STATE of Arkansas, Appellant, v. Arthur Jerome BROADWAY, Appellee.

Supreme Court of Arkansas.

June 9, 1980.


Attorney(s) appearing for the Case

Steve Clark, Atty. Gen., by James F. Dowden, Asst. Atty. Gen., Little Rock, for appellant.

McArthur & Lassiter, P.A, Little Rock, for appellee.


HOLT, Justice.

The state brings this interlocutory appeal from the trial court's granting of the appellee's motion to suppress certain evidence. Ark. Rules of Crim.Pro, Rules 36.10 and 16.2(d) (1977). The sole issue presented is whether the trial court erred in ruling that the evidence, marijuana, be suppressed due to an invalid nighttime search warrant.

The facts and circumstances surrounding the issuance of the search warrant are not in dispute. The facts...

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