Anderson v. State

Lawson Cloninger, Judge.

Appellant raises two points for reversal on this appeal of his conviction on the misdemeanor charge of possession of marijuana. We reverse on the first point and remand for further proceedings not inconsistent with this opinion.

At about 2:00 a.m. on April 13, 1983, an officer of the Stuttgart Police Department appeared before the circuit judge to obtain a search warrant for appellant’s house and vehicle. After hearing oral testimony, which was not recorded, the judge issued a warrant. Police officers entered appellant’s residence at about 2:30 a.m. and seized marijuana…