State v. Baxter

OPINION

BUSSEY, Judge:

This is an appeal from the District Court, Woodward County, Case No. CRF-73-45, wherein Robert Baxter, hereinafter referred to as defendant, was charged with the crime of Unlawful Possession of a Controlled Drug, in violation of 63 O.S. 1971, § 2-402(B)(l). The State appealed the Examining Magistrate’s Order sustaining the defendant’s Motion to Suppress the LSD tablets as evidence. The District Court affirmed the Magistrate’s ruling and the State has perfected a timely appeal to this Court upon a reserved question of law, as provided by Rule 6.5 of the Rules of this Court.