Mendez v. State

Defendant was convicted in a trial by jury of Delivery of a Controlled Substance, Ind. Code (Burns Ind. Stat. Ann. 1974 Supp.) 35-24.1-4-1 (Repealed by Acts 1975, P.L. 338 §4). For present law see Ind. Code (Burns 1975) 35-24.1-4.1-1, to-wit: Heroin. He was sentenced to imprisonment for twenty years and fined one thousand dollars. This appeal presents the following issues:(1) Whether the trial court erred by denying defendant’s motion to dismiss and discharge which was based upon an allegation that the affidavit supporting the warrant for his arrest failed to show probable cause.(2) Whether…