State v. Hum Quock

Hum Quock has appealed from a judgment convicting him of possessing morphine hydrochloride, a felony, and from an order denying his motion for a new trial.

The only question presented is whether the district court erred in refusing to suppress evidence used upon the trial. Timely motion was made.

The case turns upon the legality of defendant’s arrest. If the arrest was lawful the search disclosing the narcotics was lawful, otherwise the search was unlawful and the narcotics should not have been admitted in evidence. Where an arrest is made lawfully the person arresting may take from the…