People v. Foster

After a bench trial, defendant was found guilty of the offense of unlawful possession of a narcotic drug. He was sentenced to the penitentiary for a term of two years to two years and one day. On appeal, defendant contends (1) his motion to suppress the evidence should have been granted; (2) his conviction “rests on a statement elicited from him by the police without informing him of his right to counsel or his right to remain silent and thus in violation of his Sixth Amendment rights”; and (3) the evidence failed to prove him guilty beyond reasonable doubt.

On July 29, 1964, a search warrant…