Payne v. State

A jury found Walter E. Payne, Jr. guilty of possessing marijuana which was in violation of IC 1971, 16-6-8-3(c) (Burns Code Ed.). Payne was fined $700.00 and sentenced to imprisonment for a term of not less than one (1) year nor more than ten (10) years. His motion to correct errors raises these issues on appeal:(1) Should the initial issue of the voluntariness of Payne’s waiver of rights and subsequent confession have been decided in the presence of the jury?(2) Was there probable cause to suspect Payne’s criminal activity when the police set up a plan to buy marijuana from him?

*397(3) Was…