State v. Howard

The state seeks review of an interlocutory order of the trial court suppressing certain evidence which defendant claimed was the product of an unlawful search and seizure. Defendant was charged by information with the unlawful possession of dangerous drugs.

Defendant’s motion to suppress was heard on oral testimony that was subject to conflicting interpretations. The trial court accepted a version of that testimony favorable to the defendant and entered findings of fact accordingly. Since the state has not challenged the findings, this court must accept them as verities. State v. Vidor, 75…