People v. Smithers

Mr. PRESIDING JUSTICE STOUDER

delivered the opinion of the court:

The basis for this appeal is the trial court’s granting of the motion of the defendant, Louis Smithers, to suppress as evidence a revolver seized from the person of the defendant. At the hearing on the motion to suppress the defendant testified that at approximately 3:30 a.m. on February 10,1978, after finishing work as a security guard, he drove to the area of the Spanish Lady Tavern to meet with a friend. He testified that he never actually entered the tavern, but as he was about two feet from the back door, he observed his…