Bush Et Al. v. The State., 134 Ga. App. 489, 215 S.E.2d 26 (1975)

Georgia Court Of Appeals

Status: ARGUED

Docket Number: 50408

Parts: EVANS, Judge.

Linked as:

Summary

Judgment reversed. Deen, P. J., and Stolz, J., concur.

Summary

Judgment reversed. Deen, P. J., and Stolz, J., concur.

Text

Joseph H. Briley, District Attorney, Charles D. Newberry, Assistant District Attorney, for appellee.Bennett & Dantzler, Deryl D. Dantzler, David E. Henderson, for appellants.

Defendants were indicted for the possession of marijuana. Motions to suppress certain evidence allegedly seized by reason of an illegal search and seizure were filed, heard and denied. Defendants appeal. Held:

State, 127 Ga. App. 168 (193 SE2d 14); Windsor v. State, 122 Ga. App. 767 (178 SE2d 751); Fowler v. State, 121 Ga. App. 22, 23 (172 SE2d 447). See also Burns v. State, 119 Ga. App. 678 (168 SE2d 786) and Marshall v. State, 113 Ga. App. 143 (147 SE2d 666). There was simply no reliable information as to drugs being present, and the affiant's knowledge did not show any drugs to be present.

1975