Dyton v. State

CAREY, Justice:

The appellant, Kenneth Dyton, was found ev ca le gjiilty, after a non-jury trial in Superior C rart, of illegally possessing a hypodermic needle and a narcotic drug. He has appealed from the sentences imposed therefor. His contentions are: (1) certain idence should have been suppressed be-use it was seized as the result of an ilal search; and (2) the statute (16 Dsl.C. § 4716) making possession of a hypodermic needle illegal is unconstitutional.

Pursuant to a search warrant, four police officers went to the apartment of one Jcnes, who was a co-defendant in the case below. When…