State v. Latham

Ness, Justice:

Appellant James Robert Latham was found guilty of possession of marijuana with intent to distribute, possession of cocaine with intent to distribute, and possession of qua-aludes. We reverse.

Appellant first asserts the trial court erred in admitting into evidence the affidavit attached to the search warrant. We agree.

In State v. Smith, 230 S. C. 164, 94 S. E. (2d) 886 (1956), we held affidavits are inadmissible in a criminal case.

The trial court erred in admitting the search warrant and accompanying affidavit into evidence as the allegations contained in the affidavit were…