State v. Adkins

OPINION

TATUM, Judge.

This is an appeal by the State, made by permission under Rule 9, T.R.A.P. The defendant, Billy R. Adkins, was indicted for driving while intoxicated; and the trial judge entered a judgment at the conclusion of the State’s proof dismissing the case. It is from this judgment that the State has appealed.

Two issues are presented for review. The State complains that Rule 12(b)(3), requiring motions to suppress to be made prior to trial, was not followed. The second issue is whether the trial judge erred in holding that a police officer, who has reasonable ground to believe that…