People v. Stephenson

This is an appeal from a conviction for possession of narcotic drugs in violation of C.R.S. 1963, 48-5-2. The defendant alleges that the trial court erred in denying his motion to suppress and his motion to dismiss. We affirm.

On October 19, 1972, defendant Stephenson was arrested by a police officer who later testified at the suppression hearing that he observed the defendant walking toward him smoking a hand-rolled cigarette. The officer testified that when he was side by side with the defendant, he recognized the smell of burning marijuana. He then seized the cigarette, arrested and…