Seabolt v. Hopper

Bowles, Justice.

We granted petitioner’s application for a habeas corpus appeal to consider whether the Supreme Court’s decision in Connally v. Georgia, 429 U. S. 245 (97 SC 546, 50 LE2d 444) (1977), necessitates petitioner’s discharge because he was arrested pursuant to a warrant issued by a justice of the peace under the former fee system.

In Connally, supra, the defendant moved to suppress evidence that had been seized during a search of his house pursuant to a warrant issued by a justice of the peace. The defendant contended that the justice of the peace who had issued the warrant was not a…