Pope v. State

Clark, Judge.

Via certificate of immediate review, defendants appeal from the denial of their motions to suppress. The motions were aimed at suppressing evidence which had been seized in a gambling raid upon defendants’ premises. In addition to gambling paraphernalia which had been described in the search warrant, the executing officers seized less than an ounce of marijuana.

1. Code Ann. § 27-313 (b) (Ga. L. 1966, pp. 567, 571) states, in part: "The judge shall receive evidence out of the presence of the jury on any issue of fact necessary to determine the motion, and the burden of proving…