State v. Johnson

OPINION

HENRY, Chief Justice.

This criminal action is before the undersigned member of the Court on Petition for Common Law Writs of Certiorari and Su-persedeas.

The trial judge sustained respondent’s motion to suppress evidence of certain drugs held to have been seized in violation of the Fourth Amendment to the Constitution of the United States. The effect of this action on the part of the trial judge, as a practical matter, was to end the prosecution.

At a former hearing on the petition I expressed the “tentative and preliminary opinion that the petition [was] meritorious” but held the matter…