State v. Shepherd

David Newbern, Justice.

This is an appeal by the state of an order in which the court suppressed the use of evidence. The appeal is interlocutory. See Rules of the Arkansas Supreme Court and Court of Appeals 29(l)(k); Ark. R. Crim. P. 36.10(a). The evidence in question was to have been used in the trial of the appellants, Daniel Shepherd and Michael Torok, for manufacture and possession of controlled substances with intent to deliver. We hold the trial court properly concluded that the prosecutor’s subpoena power was improperly used to obtain the evidence, and we agree with the court’s ruling…