Legal Opinion

Mitchell v. State

Court of Appeals of Georgia

Decided May 14, 1979No. 57595PublishedCited by 25 opinions

1Opinion of the Court

Carley, Judge.

The appellants were indicted and tried on two counts of violating the Georgia Controlled Substances Act. They appeal their convictions. We reverse.

1. The appellants made a pre-trial motion to suppress evidence; overruling of that motion is cited as the first enumeration of error. It is urged that the motion should have been granted because the warrant was a general search warrant and also that it was not issued on probable cause. Code Ann. § 27-313 (a) (2).

At the hearing on the motion it was established that the warrant was issued solely upon the sworn affidavit of a police…

2Cases cited13 opinions

  1. Spinelli v. United StatesSupreme Court of the United States · 1969
  2. Lewis v. StateCourt of Appeals of Georgia · 1972
  3. Blankenship v. StateCourt of Appeals of Georgia · 1975
  4. Steele v. StateCourt of Appeals of Georgia · 1968
  5. Fowler v. StateCourt of Appeals of Georgia · 1973

8 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Shirley v. StateCourt of Appeals of Georgia · 1983
  2. Blair v. StateCourt of Appeals of Georgia · 1995
  3. Blount v. StateCourt of Appeals of Georgia · 1986
  4. Rothfuss v. StateCourt of Appeals of Georgia · 1982
  5. Shreve v. StateCourt of Appeals of Georgia · 1984

20 more not listed; retrieve them via the Exa API.

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