State v. Evans

Two indictments were returned against defendant. The first accused him of assault with a dangerous weapon and pointing a firearm at another. OES 163.250, 163.320. The second accused him of being a convicted felon in possession of a concealable weapon. OES 166.270. Defendant moved to suppress the weapon involved in these charges and all testimony concerning it on the ground that both were products of an unlawful search and seizure. The trial court allowed the motion only as to the weapon. The state appeals, pursuant to OES 138.060 (4).

Upon review of a motion to suppress, the findings of the…