STATE v. MARTIN

No. 20853.

929 S.W.2d 267 (1996)

STATE of Missouri, Appellant, v. John Richard MARTIN, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

August 8, 1996.


Attorney(s) appearing for the Case

Patrick L. King, Pros. Atty., Phelps County, Rolla, for appellant.

Dan Viets, Columbia, for respondent.


CROW, Presiding Judge.

A corporal of the Missouri State Highway Patrol, accompanied by the sheriff of Phelps County, arrested John Richard Martin ("Defendant") after observing ten marijuana plants growing approximately forty yards from a house occupied by Defendant and his wife. The prosecutor subsequently charged Defendant with three felonies regarding the marijuana.

Claiming the arrest was unlawful, Defendant moved to suppress "all evidence" obtained as...

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