State v. Waechter

The defendant was convicted of unlawful possession of a depressant or stimulant drug and sentenced to imprisonment for 2 years. He appeals, contending the trial court should have suppressed certain items of evidence; the statute involved was unconstitutional; and there was a failure of proof regarding the exceptions contained in the act.

The evidence showed the defendant and Ray Evans lived in an apartment at 108 East F Street in North Platte, Nebraska. On December 31, 1970, this property was under surveillance'by the police. Between 5:20 and 5:40 p. m., an officer saw the defendant place a…