Clark v. State

Defendant-appellant Jerome Clark was charged by information with unlawfully possessing a controlled substance, to-wit: heroin. Trial to the court resulted in a finding of guilty, and Clark was sentenced to the custody of the Department of Correction for a determinate period of two years. He subsequently filed a motion to correct errors which was overruled by the trial court, and perfected this appeal.

The sole issue to be decided is whether the trial court erroneously overruled Clark’s in-trial motion to suppress the *660heroin, which was seized from Clark’s person during a search incident to…