State v. Ellis

Moss, Chief Justice:

Ronald Bryan, Ethel Thelma Scott, Solomon Gregory, and Viola Ellis were tried upon an indictment containing two counts, to wit: (1) the possession of heroin for sale and distribution, in violation of Section 32-1510.49 of the Code, and (2) the possession of dangerous drugs, without having obtained such upon a perscription of a duly licensed physician, in violation of Section 56-1313(4) of the Code.

When the case was called for trial a motion to suppress the evidence was made on the grounds that (1) the affidavit for the search warrant was devoid of any showing of probable…