Francis v. State

Defendant-appellant Francis appeals from a conviction of possession of narcotic drugs, to-wit: opium, raising the following issues for review:(1) Whether the drugs seized at the time of his arrest are admissible;(2) Whether testimony concerning a gun seized from defendant at the time of his arrest is admissible;(3) Whether the trial court erred in overruling defendant’s motion for mistrial; and(4) Whether the trial court erred in instructing the jury as to the penalty.

For several days prior to April 13, 1972, Officer Brinkley of the Evansville Police Department had been investigating tips…