Johnson v. State

Full title: JOHNSON v. THE STATE (two cases)

Court: Court of Appeals of Georgia

Date published: Feb 2, 1973

195 S.E.2d 754 (Ga. Ct. App. 1973)

195 S.E.2d 754

Opinion

47681, 47682.

SUBMITTED JANUARY 4, 1973.

DECIDED FEBRUARY 2, 1973.

Motions to suppress. Ware and Bacon Superior Courts. Before Judge Hodges.

Jones Rountree, George M. Rountree, for appellant.

Dewey Hayes, District Attorney, for appellee.

HALL, Presiding Judge.

Defendant appeals from the denial of his motions in two courts to suppress certain evidence alleged to have been illegally seized. Both courts certified the orders for immediate review.

There is insufficient probable cause for the issuance of the search warrant on its face. The affidavit states no factual reasons for the reliability of the unnamed informer nor any facts to support the reiterated, bare conclusion that the property was stolen. Spinelli v. United States, 393 U.S. 410 ( 89 SC 584, 21 L.Ed.2d 637); United States v. Ventresca, 380 U.S. 102 ( 85 SC 741, 13 L.Ed.2d 684); Marshall v. State, 113 Ga. App. 143 ( 147 S.E.2d 666). The record upon hearing does not support the State's contentions that the issuing magistrate had sufficient additional information or that there was a consent to search. The courts erred in denying the motions to suppress.

Judgment reversed. Evans and Clark, JJ., concur.

HALL, Presiding Judge.

SUBMITTED JANUARY 4, 1973 — DECIDED FEBRUARY 2, 1973.