Merit v. State

DOWNEY, Judge.

Appellants Grady Lee Merit and Dorothy Battle Merit were charged in two counts with possession of cannabis in excess of 5 grams and with possession of drug paraphernalia. Grady was convicted on both counts, but Dorothy was convicted of possession of drug paraphernalia only.

The first point on appeal contends the trial court erred in denying the Merits’ Motion to Suppress. That motion asserted, in sum, that the affidavit upon which a search warrant was issued was defective. In that affidavit a police officer stated that he had supervised and personally observed a successful…