Wheeler v. State

Full title: WHEELER v. THE STATE

Court: Court of Appeals of Georgia

Date published: May 3, 1978

245 S.E.2d 63 (Ga. Ct. App. 1978)

245 S.E.2d 63

Opinion

55512.

SUBMITTED MARCH 7, 1978.

DECIDED MAY 3, 1978.

Gambling. Polk State Court. Before Judge Flournoy.

Mundy Gammage, John M. Strain, for appellant.

Joseph N. Anderson, Solicitor, for appellee.

WEBB, Judge.

1. Wheeler complains that evidence used to convict him of gambling should have been suppressed and ruled out because it was obtained pursuant to an illegal search of another's home. We find no cause for reversal since this is not a "possession"-type offense which might carry "automatic standing" to complain of the search under Jones v. United States, 362 U.S. 257 ( 80 SC 725, 4 L.Ed.2d 697) (1960), and since nothing else appears to afford Wheeler a basis to complain of the search of another's home. Phillips v. State, 237 Ga. 623 ( 229 S.E.2d 407) (1976); Pryor v. State, 238 Ga. 698, 705 (4c) ( 234 S.E.2d 918) (1977). Accord, Dutton v. State, 228 Ga. 850, 851 (1) ( 188 S.E.2d 794) (1972); Gable v. State, 143 Ga. App. 455 ( 238 S.E.2d 771) (1977).

2. Remaining enumerations are not argued and are deemed abandoned. Adams v. State, 142 Ga. App. 252 (1) ( 235 S.E.2d 667) (1977).

Judgment affirmed. Quillian, P. J., and McMurray, J., concur.

WEBB, Judge.

SUBMITTED MARCH 7, 1978 — DECIDED MAY 3, 1978.