Page v. State

136 Ga. App. 807 (1975)

222 S.E.2d 661

PAGE

v.

THE STATE.

51490.

Court of Appeals of Georgia.

Argued October 30, 1975.

Decided December 1, 1975.

Elliott R. Baker, for appellant.

Richard S. Gault, Solicitor, for appellee.

STOLZ, Judge.

Appellant, who was charged with the offense of possessing beer for resale without a valid license, appeals the denial of his motion to suppress evidence seized during a search of his store. Held:

It is incumbent upon a magistrate to make an independent determination of probable cause before he issues a search warrant. In Reid v. State, 129 Ga. App. 660 (200 SE2d 456), we…