A Dallas lawyer representing a Giislonia man on 'charges of drug possession tried imsuccess- fully Friday to have Ihe case Ihrown out ot court. Cillng Ihe Fourth Anicndmenl which guards against, illegal search and seizure, Ihe lawyer argued lhal a vial of assorted drugs found in Ihe defendant's cai\ aller Ihe man had been laken in for questioning on another mailer, was Inadmissible .evidence. Rural Police detective I.t. Bert Ilomeslcy testified that the drug was found under the dashboard of a car allegedly belonging to Jasper J. Carlan, of Mon- lerrey Place, Gastonia. Homcslcy said he went to Ihe Carlan home with olher rural officers lo search for burglary tools and furniture reportedly stolen in Clierryyillc. 'Ilomcsley testified that Carlan was confronted with Ihe drug at police headquarters by Capl. Jim Aulcn. Homesley said Carlan told the officers when they arrived al the house, lhal he had nothing lo hide. He 'said Carlan gave officers permission to search the car and Ihe house. The defense lawyer moved for a directed verdict of not guilty on the basis that the auto was .searched afler Carlan accompanied police to another address lo locate a crowbar. Chief Dislrict Court Judge Lewis Bulwinkle denied the motion and found Carlan guilty of possessing a small quantity of barbiturates. Cnrlan was sen- lenced lo six months in jail suspended for three years on payment of 550 and costs. On a second charge of no operator's license. Carlan drew a 525 fine plus costs.