Bland v. State

Court of Appeals of Georgia

Bland v. State

234 S.E.2d 692, 141 Ga. App. 858, 1977 Ga. App. LEXIS 2096

CourtCourt of Appeals of Georgia

DecidedApril 6, 1977

Docket53598

StatusPublished

Cited by7 cases

This text of 234 S.E.2d 692 (Bland v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bland v. State, 234 S.E.2d 692, 141 Ga. App. 858, 1977 Ga. App. LEXIS 2096 (Ga. Ct. App. 1977).

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Opinion

McMurray, Judge.

Defendant was convicted of violation of the Georgia Controlled Substances Act in that he was unlawfully in possession of less than one ounce of marijuana. The only issue raised on this appeal from that conviction is whether probable cause existed for the issuance of a search warrant for defendant’s automobile. Held:

The burden of proof is upon the state to show what facts constituting probable cause existed and were presented to the magistrate before the warrant was issued. Bell v. State, 128 Ga. App. 426, 428 (196 SE2d 894); State v. Bradley, 138 Ga. App. 800, 802 (1) (227 SE2d 776).

The record before us does not contain the search *859 warrant or the affidavit on which it was issued; consequently the only information contained in the record is the testimony presented at the hearing on the motion to suppress. This testimony did not contain sufficient facts to sustain the state’s burden of proof.

Submitted March 1, 1977 Decided April 6, 1977. Van Cheney, for appellant. B. Daniel Dubberly, Solicitor, for appellee.

Judgment reversed.

Bell, C. J., and Smith, J., concur.

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