State v. Walls

MILLER, Chief Justice:

The defendant, Charles “Bubby” Walls, appeals his conviction of possession of cocaine with intent to deliver in violation of W.Va.Code, 60A-4-401 [1971]. We reverse and remand with instructions.

The defendant was arrested on December 21, 1978, following a search of his residence in which police found a kitchen matchbox containing 48 cocaine packets. The search was conducted under a warrant issued on that date by Magistrate Philip Sos. Earlier that day Deputy Anthony Cristiani had presented Magistrate Sos with an affidavit and complaint averring that the defendant was in…