No. CA CR 93-785.

876 S.W.2d 594 (1994)

46 Ark.App. 35

Byron FOSTER, Appellant, v. STATE of Arkansas, Appellee.

Court of Appeals of Arkansas, Division II.

May 25, 1994.

Attorney(s) appearing for the Case

Garry J. Corrothers, Little Rock, for appellant.

Gil Dudley, Asst. Atty. Gen., Little Rock, for appellee.

JENNINGS, Chief Judge.

Byron Foster was found guilty of possessing cocaine with intent to deliver and possessing drug paraphernalia, and was sentenced to twenty-five years in the Arkansas Department of Correction. He argues on appeal that the trial court erred in denying his motion to suppress evidence seized in a nighttime search of his residence, because the search warrant was based on an affidavit that contained an insufficient factual basis to justify a nighttime...

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