Opinion
8 Div. 141.
Rehearing Denied May 24, 1984. Writ Denied May 25, 1984.
Joseph W. Propst, II and Thomas M. Di Giulian, Decatur, for petitioner.
Charles A. Graddick, Atty. Gen., for respondent.
[Reporter's note — The Court of Criminal Appeals has approved for publication the following summary of this case: The district attorney of Morgan County filed in the Morgan County Circuit Court an application for a search warrant, seeking the removal, by appropriate surgery, of what was believed to be a ".38 caliber bullet" lodged in the back of Anthony Keith Johnson, in fatty tissue just beneath the skin in an area below the shoulder blade. The circuit court, after appointing two attorneys to represent Johnson, conducted a full hearing, at which competent medical testimony was presented to show that the location of the object presented no danger to life or health and that the surgery to remove it would be minor and could be performed with a local anesthetic. The relevance and materiality of the alleged bullet were also established. The circuit court issued the search warrant and directed that the surgery be performed at a local hospital. Appellate review followed, upon Johnson's filing in the Court of Criminal Appeals a petition for writ of prohibition. After a hearing, the Court of Criminal Appeals issued its order, published herewith, denying the petition.]
IT IS ORDERED that the petition for writ of prohibition be denied on the authority of United States v. Crowder, 543 F.2d 312 (D.C. Cir. 1976), cert. denied, 429 U.S. 1062, 97 S.Ct. 788, 50 L.Ed.2d 779 (1977); State v. Richards, 585 S.W.2d 505 (Mo.App. 1979); State v. Lawson, 187 N.J. Super. 25, 453 A.2d 556 (1982).
IT IS FURTHER ORDERED that the request for stay be denied.
BOWEN, P.J., and TYSON, TAYLOR and PATTERSON, JJ., concur.