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STATE v. CALHOUN

4 Div. 505.

502 So.2d 795 (1986)

STATE of Alabama v. Bobby CALHOUN and Malcolm Schartau.

Court of Criminal Appeals of Alabama.

Rehearing Denied February 25, 1986.

Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen., and Joseph G.L. Marston, III, Asst. Atty. Gen., for appellant.

Don P. Bennett, of Herring & Bennett, Dothan, for appellee Calhoun,

W. Terry Bullard, Dothan, for appellee Schartau.

TYSON, Judge.

Bobby Calhoun and Malcolm Schartau were indicted for the unlawful possession of marijuana in violation of § 20-2-70, Code of Alabama 1975.

After entering pleas of not guilty, the appellees filed motions to suppress the evidence. A hearing was held on these motions and, following the hearing, the trial judge granted the appellees' motions to suppress. The order of the trial judge is quoted below.

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