STATE v. SMITH

No. 21553.

438 S.E.2d 554 (1993)

190 W.Va. 374

STATE of West Virginia, Plaintiff Below, Appellee, v. Johnnie Carlos SMITH, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 9, 1993.


Attorney(s) appearing for the Case

Jacquelyn I. Custer, Asst. Atty. Gen., Charleston, for appellee.

G. Ernest Skaggs, Skaggs & Skaggs, Fayetteville, for appellant.


PER CURIAM:

The defendant in this proceeding, Johnnie Carlos Smith, was convicted by a jury on May 24, 1991, of possession of marijuana with intent to deliver. He was later sentenced to from one to five years in the State penitentiary and fined $1,000.00. On appeal, he claims that the trial court erred in failing to suppress evidence seized during what he contends was an illegal and warrantless search. He also claims that...

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