STATE v. NICHOLAS

No. 94 KW 1096.

652 So.2d 666 (1995)

STATE of Louisiana v. Johnny A. NICHOLAS.

Court of Appeal of Louisiana, First Circuit.

March 3, 1995.


Attorney(s) appearing for the Case

John Schoonenberg, Asst. Dist. Atty., Houma, for relator, State of Louisiana.

Barry Vice, Houma, for respondent, Johnny A. Nicholas.

Before GONZALES, PARRO, JJ., and REDMANN, J. Pro Tem.


GONZALES, Judge.

Johnny A. Nicholas was charged by bill of information with possession with intent to distribute marijuana, a violation of La.R.S. 40:966(A)(1). He pled not guilty and filed a motion to suppress the evidence, arguing the search, which was allegedly conducted at nighttime, was illegal because the warrant did not authorize a nighttime search. The district court granted the motion; and the state filed an application with this Court seeking a review of...

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