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Windsor v. State

178 S.E.2d 751, 122 Ga. App. 767, 1970 Ga. App. LEXIS 1028
CourtCourt of Appeals of Georgia
DecidedNovember 6, 1970
Docket45489
StatusPublished
Cited by15 cases

This text of 178 S.E.2d 751 (Windsor 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
Windsor v. State, 178 S.E.2d 751, 122 Ga. App. 767, 1970 Ga. App. LEXIS 1028 (Ga. Ct. App. 1970).

Opinion

Bell, Chief Judge.

The defendant appeals his conviction and sentence for the possession of narcotics (marihuana).

Defendant’s motion to suppress the evidence of marihuana found as a result of a search and seizure of premises occupied by him was overruled. Defendant contended that the warrant was unlawful for several reasons, one of which was an insufficient showing of probable cause for the issuance of the warrant. The *768 affidavit of a police officer submitted to the issuing judicial officer contained factual statements that an informer who had in the past given reliable information, "has personally seen said narcotics and dangerous drugs in the possession of” the defendant. The affidavit does not set forth the time when the marihuana was seen in the possession of defendant. A "prime element in the concept of probable cause is the time of the occurrence of the facts relied upon.” Fowler v. State, 121 Ga. App. 22, 23 (172 SE2d 447). The failure to include in the affidavit the time of the occurrence in question is a fatal defect under Fowler. The trial court erred in overruling the defendant’s motion to suppress.

Argued September 8, 1970 Decided November 6, 1970. James B. Finley, for appellant. E. Mullins Whisnant, District Attorney, Eugene Hardwick Polleys, Jr., for appellee.

Judgment reversed.

Quillian and Whitman, JJ., concur.

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Bluebook (online)
178 S.E.2d 751, 122 Ga. App. 767, 1970 Ga. App. LEXIS 1028, Counsel Stack Legal Research, https://law.counselstack.com/opinion/windsor-v-state-gactapp-1970.