People v. McNeal

Supreme Court of Colorado

People v. McNeal

553 P.2d 757, 191 Colo. 490, 1976 Colo. LEXIS 659

CourtSupreme Court of Colorado

DecidedAugust 30, 1976

DocketNo. 26577

StatusPublished

This text of 553 P.2d 757 (People v. McNeal) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. McNeal, 553 P.2d 757, 191 Colo. 490, 1976 Colo. LEXIS 659 (Colo. 1976).

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Opinion

MR. JUSTICE ERICKSON

delivered the opinion of the Court.

[491]*491The defendant-appellant. Edward O. C. McNeal, was convicted of possession of narcotic drugs for sale and sentenced to the penitentiary. C.R.S. 1963, 48-5-20.¹ The evidence clearly supports the conviction.

The sole issue which merits review relates to a search that was made after the cab in which the defendant was riding was stopped. Section 16-3-103(1), C.R.S. 1973. We affirm.

McNeal hailed the cab, and by his subsequent actions caused the driver to believe that he was about to rob him. The cab driver alerted the police who stopped the cab. The defendant refused to get out of the cab when the cab was stopped. His speech was slurred, his eyes were dilated, and his movements were confused. He also manifested other symptoms of drug use. He was arrested for being under the influence of a narcotic drug. C.R.S. 1963, 48-5-20(5).² He was searched, and twenty balloons of heroin were found in a shirt pocket. A motion to suppress was filed by defense counsel, and after a full hearing, the motion was denied. The motion to suppress was fairly litigated in the trial court, and the issues of fact were resolved against the defendant. See Stone v. Powell, 428 U.S. 465, 96 S.Ct. 3037, 49 L.Ed.2d 1067, 44 U.S.L.W. 5313 (1976). The procedures and the facts parallel Stone v. People, 174 Colo. 504, 485 P.2d 495 (1971), and People v. Mathias, 189 Colo. 534, 542 P.2d 1296 (1975).

Accordingly, we affirm.

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MR. JUSTICE ERICKSON

delivered the opinion of the Court.

[491]*491The defendant-appellant. Edward O. C. McNeal, was convicted of possession of narcotic drugs for sale and sentenced to the penitentiary. C.R.S. 1963, 48-5-20.¹ The evidence clearly supports the conviction.

The sole issue which merits review relates to a search that was made after the cab in which the defendant was riding was stopped. Section 16-3-103(1), C.R.S. 1973. We affirm.

McNeal hailed the cab, and by his subsequent actions caused the driver to believe that he was about to rob him. The cab driver alerted the police who stopped the cab. The defendant refused to get out of the cab when the cab was stopped. His speech was slurred, his eyes were dilated, and his movements were confused. He also manifested other symptoms of drug use. He was arrested for being under the influence of a narcotic drug. C.R.S. 1963, 48-5-20(5).² He was searched, and twenty balloons of heroin were found in a shirt pocket. A motion to suppress was filed by defense counsel, and after a full hearing, the motion was denied. The motion to suppress was fairly litigated in the trial court, and the issues of fact were resolved against the defendant. See Stone v. Powell, 428 U.S. 465, 96 S.Ct. 3037, 49 L.Ed.2d 1067, 44 U.S.L.W. 5313 (1976). The procedures and the facts parallel Stone v. People, 174 Colo. 504, 485 P.2d 495 (1971), and People v. Mathias, 189 Colo. 534, 542 P.2d 1296 (1975).

Accordingly, we affirm.

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553 P.2d 757, 191 Colo. 490, 1976 Colo. LEXIS 659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcneal-colo-1976.

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