State v. Murphy

Defendant was convicted upon trial by jury of illegal possession of narcotics (marihuana). He appeals, contending that his motion to suppress the marihuana seized from his person and introduced at the time of trial over his objection was improperly denied.

The essential facts are these: On March 6, 1968, the state’s female witness called the defendant and asked him to help her move some of her personal effects (she and her husband were going through a divorce). During the telephone conversation she asked the defendant if he could “get hold of some grass” (marihuana) and defendant indicated…