Whitton v. State

OPINION

Before RABINOWITZ, C. J., and ERWIN, BOOCHEVER and FITZGERALD, JJ- FITZGERALD, Justice.

Raymond Whitton was found guilty .in the trial court of possession of heroin and now appeals from the conviction and sentence. His most substantial claim of error is that the police obtained a bench warrant on a minor charge as a pretext for making an otherwise unlawful search and so timed the arrest that a subsequent search was rendered unlawful. In addition Whitton challenges the sentence imposed by the trial court as excessive.

On December 19, 1973, Whitton was arrested by officers of the Fairbanks…