State v. Barnett

Pannell, Presiding Judge.

The state appeals from the order of the superior court sustaining defendant’s motion to suppress, which was certified for immediate review. The sole question presented in this appeal is whether a written complaint supporting the issuance of a search warrant must be signed by the officer making the complaint.

The evidence shows that Sheriff Morgan was told by an informant that stolen property was located at the home of appellant. The sheriff proceeded to the justice of the peace and related these and other facts to him. An "affidavit” was prepared setting forth the…