State v. Magness

OPINION

DONOFRIO, Judge.

This is an appeal by defendant/appellant Dwain Leon Magness from a judgment of conviction of the crime of possessing a narcotic drug, a felony. He claims that the trial court erred in not granting his motion to suppress evidence. Defendant waived his right to a jury trial and submitted his case to the trial court on the basis of the preliminary hearing transcript. The trial court found defendant guilty of the charge and placed him on probation for five years.

Briefly, the facts are as follows: On April 29, 1975, Narcotics Agents Rogers and Thrasher of the Department of…