Legal Opinion · Dissent

Russ v. City of Camden

Supreme Court of Arkansas

Decided March 18, 1974No. CR 73-167Published

1DissentJohn A. Fogleman, Justice

I cannot agree to the reversal of this case. To do so, the court must say that the finding of the trial judge as to the authority for the search had insufficient evidentiary support. Although it seems to me the substantial evidence rule should apply, I would affirm regardless of the test applied on review here — be it “substantial evidence,” “preponderance of the evidence” or “clearly erroneous.”

There was never any motion to suppress the evidence obtained by means of the search. A pretrial hearing was had upon a renewal of a motion to dismiss filed by appellant in the municipal court, where…

2Cases cited6 opinions

  1. Moore v. StateSupreme Court of Arkansas · 1968
  2. Gates v. BennettSupreme Court of Arkansas · 1878
  3. Easley v. StateSupreme Court of Arkansas · 1970
  4. Calhoun v. StateSupreme Court of Arkansas · 1929
  5. Gracie v. MorrisSupreme Court of Arkansas · 1860

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