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Cadle v. State

205 S.E.2d 529, 131 Ga. App. 175, 1974 Ga. App. LEXIS 1361
CourtCourt of Appeals of Georgia
DecidedMarch 6, 1974
Docket49036
StatusPublished
Cited by7 cases

This text of 205 S.E.2d 529 (Cadle 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.

Bluebook
Cadle v. State, 205 S.E.2d 529, 131 Ga. App. 175, 1974 Ga. App. LEXIS 1361 (Ga. Ct. App. 1974).

Opinion

Bell, Chief Judge.

A motion to suppress "shall be in writing and state facts showing wherein the search and seizure were unlawful.” Code Ann. § 27-313 (b); Brannen v. State, 117 Ga. App. 69 (159 SE2d 476). The motion here alleged as grounds that "The affidavit was illegally executed in that it contains materially false allegations or information; that the place to be searched is vaguely and inaccurately described; the procedures for effectuating and reporting searches were not duly followed; and that the search was without probable cause and not supported by the warrant. The affidavit is facially insufficient.” Not one fact was alleged which would show that the search and seizure were unlawful. The motion to suppress was procedurally defective and the trial judge correctly dismissed the motion without hearing any evidence.

Judgment affirmed.

Quillian and Clark, JJ, concur.

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Related

Watts v. State
582 S.E.2d 186 (Court of Appeals of Georgia, 2003)
Martin v. State
394 S.E.2d 551 (Court of Appeals of Georgia, 1990)
Boatright v. State
385 S.E.2d 298 (Court of Appeals of Georgia, 1989)
West v. State
245 S.E.2d 478 (Court of Appeals of Georgia, 1978)
Cadle v. State
221 S.E.2d 59 (Court of Appeals of Georgia, 1975)
Graves v. State
219 S.E.2d 633 (Court of Appeals of Georgia, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
205 S.E.2d 529, 131 Ga. App. 175, 1974 Ga. App. LEXIS 1361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cadle-v-state-gactapp-1974.