PENICK v. STATE

No. 53805.

440 So.2d 547 (1983)

Tony PENICK, Appellant, v. STATE of Mississippi, Appellee.

Supreme Court of Mississippi.

Rehearing Denied November 30, 1983.


Attorney(s) appearing for the Case

V. Douglas Gunter, Jackson, for appellant.

Bill Allain, Atty. Gen., Frankie Walton White, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before PATTERSON, C.J., and HAWKINS and PRATHER, JJ.


HAWKINS, Justice for the Court:

Tony Penick appeals from his conviction in the Circuit Court of Rankin County of the possession of more than one ounce, but less than one kilogram, of marijuana in violation of Miss. Code Ann. § 41-29-139(d)(2)(C) (1972, as amended) and a sentence of three years.

The only issue we address upon this appeal is the legality of the search of Penick and his possessions. The circuit judge ruled the search valid; persuaded otherwise...

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