State v. Thomas

Court of Appeals of Georgia

State v. Thomas

257 S.E.2d 28, 150 Ga. App. 170, 1979 Ga. App. LEXIS 2169

CourtCourt of Appeals of Georgia

DecidedMay 17, 1979

Docket57598

StatusPublished

Cited by7 cases

This text of 257 S.E.2d 28 (State v. Thomas) 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

State v. Thomas, 257 S.E.2d 28, 150 Ga. App. 170, 1979 Ga. App. LEXIS 2169 (Ga. Ct. App. 1979).

Pincite

Opinion

Banke, Acting Presiding Judge.

The state appeals the partial grant of the defendant’s motion to suppress evidence in this prosecution for the distribution of obscene materials. It is urged both that the motion is facially defective and that the defendant did not meet his burden of proving that the search and seizure were illegal. Held:

1. The contention that the motion was facially defective cannot be considered on appeal since it was not raised in the trial court. See Nix v. State, 94 Ga. App. 141 (2) (93 SE2d 783) (1956); Bell v. State, 144 Ga. App. 692 (1) (242 SE2d 345) (1978).

2. The burden of proving that the search was lawful was on the state, not the defendant. Code Ann. § 27-313 (b); State v. Mabrey, 140 Ga. App. 577, 579 (231 SE2d 461) (1976).

Judgment affirmed.

Underwood and Carley, JJ., concur.

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