State v. Smith

Pannell, Presiding Judge.

The defendant was charged with possessing not more than one ounce of marijuana in violation of the Georgia Controlled Substance Act. He made a motion to suppress the evidence. Upon hearing evidence in support of the motion, the trial court entered an order suppressing the evidence. The state appeals the judgment sustaining defendant’s motion to suppress evidence.

The evidence shows that at approximately 1:00 p. m. on February 13, 1974, the defendant and a co-defendant were sitting inside a car parked along a public street. A police officer passed the parked vehicle and…