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Herndon v. State

226 S.E.2d 141, 138 Ga. App. 346, 1976 Ga. App. LEXIS 2154
CourtCourt of Appeals of Georgia
DecidedApril 6, 1976
Docket51868
StatusPublished
Cited by3 cases

This text of 226 S.E.2d 141 (Herndon 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
Herndon v. State, 226 S.E.2d 141, 138 Ga. App. 346, 1976 Ga. App. LEXIS 2154 (Ga. Ct. App. 1976).

Opinion

Bell, Chief Judge.

After indictment for wrongful possession of marijuana defendant moved to suppress the evidence. The state moved to dismiss because defendant’s motion was fatally defective as defendant failed to allege that he had any standing to challenge the search of two vehicles. The trial court sustained the state’s motion to dismiss and certified the case for immediate review on June 9, 1975. Held:

The defendant did not lack standing to object to the search because of failure to allege that he had a proprietary interest in the place searched (the automobiles) or the property seized. Where possession is an essential element of the offense charged, a defendant can claim automatic standing to contest the validity of a search. Jones v. United States, 362 U. S. 257 (80 SC 725, 4 LE2d 697). Under Jones the trial court erred in dismissing defendant’s motion.

Judgment reversed.

Clark and Stolz, JJ., concur.

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Related

Reece v. State
264 S.E.2d 258 (Court of Appeals of Georgia, 1979)
Brown v. State
240 S.E.2d 63 (Supreme Court of Georgia, 1977)
State v. Davidson
231 S.E.2d 93 (Court of Appeals of Georgia, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
226 S.E.2d 141, 138 Ga. App. 346, 1976 Ga. App. LEXIS 2154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herndon-v-state-gactapp-1976.