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STATE v. SMITH

No. 20767.

926 S.W.2d 689 (1996)

STATE of Missouri, Petitioner-Appellant, v. Delza D. SMITH, Respondent-Respondent.

Missouri Court of Appeals, Southern District, Division One.

June 28, 1996.

Attorney(s) appearing for the Case

Patrick L. King, Pros. Atty., Mark J. Kriebs, Asst. Pros. Atty., Phelps County, Rolla, for appellant.

Lee H. Bushie, St. James, for respondent.

BARNEY, Judge.

This is an interlocutory appeal pursuant to § 547.200.31 wherein the State of Missouri appeals from the order of the trial court granting the motion of Delza Smith (Defendant) to suppress evidence of a felony amount of marijuana recovered from his automobile.

The State contends on appeal that the motion to suppress was granted against the weight of the evidence in that there was sufficient evidence to prove...

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