Opinion
No. 24628
Decided June 12, 1972.
Defendant was convicted of possession of a narcotic drug, namely, cannabis, and seeks reversal mainly on ground that there was no probable cause to support his arrest and that packet of marijuana found on his person and use thereof as evidence should have been suppressed.
Judgment Affirmed by Operation of Law
Error to the District Court of Mesa County, Honorable James J. Carter, Judge.
Foster and Farina, Terrance Lee Farina, for plaintiff in error.
Duke W. Dunbar, Attorney General, John P. Moore, Deputy, Richard G. McManus, Jr., Assistant, for defendant in error.
Mr. Justice Groves did not participate. Mr. Chief Justice Pringle, Mr. Justice Hodges, and Mr. Justice Kelley are in favor of affirmance; whereas Mr. Justice Day, Mr. Justice Lee, and Mr. Justice Erickson are in favor of reversal. The court being equally divided in opinion, the judgment stands affirmed by operation of law as provided by C.A.R. 35(e).