State v. Dawson

KENNEDY, Judge.

Defendant appeals from a conviction upon jury trial of possession of over 35 grams of marijuana, § 195.020, RSMo Cum.Supp.1982, upon which he was sentenced to five years’ imprisonment.

We reverse and remand for a new trial because of error in the admission of illegally seized evidence.

The facts are as follows:

Defendant and his wife resided in a two-story rural house which defendant leased from its owner, Bobby George Davis. On November 11, 1982, there was a small fire, described as a “flue fire”, at the house. The local volunteer fire department responded. The fire was quickly…