Davis v. State

CATES, Judge.

Appeal from conviction under Alabama Drug Abuse Control Act, Act 252, Attgust 27, 1967. Sentence two years in the penitentiary. The only evidence came from a search.

We are compelled to reverse. The search warrant issued out of the Court of Common Pleas of Montgomery of which Alex A. Marks is Ex Officio Judge. See Act No. 906, September 8, 1961, particularly § 20. The affidavit laid before Judge Marks as such judge is conclusory only: it states no facts.

The deficiency is the same as that discussed in Knox v. State, 42 Ala.App. 578, 172 So.2d 787 (9). The affiant gave no supporting…