Smith v. State

Quillian, Judge.

The defendant was indicted, tried and convicted of the crime of possessing and controlling a narcotic drug, marihuana. He appeals from the judgment of conviction, sentence entered and the overruling of his motion for new trial. Held:

1. The first enumeration of error complains of the admission of evidence regarding the possession of marihuana on the ground that there was an unreasonable search and seizure prohibited by the 14th Amendment to the U. S. Constitution. The defendant moved to suppress this evidence and, after a hearing, the trial judge overruled the motion. However,…