State v. Smith

Quillian, Judge.

This is an appeal by the state from an order of the trial court sustaining defendant’s motion to suppress evidence seized after arrest of the defendant.

The facts of this case raise only the question of whether the information within the knowledge of the arresting officer was sufficient to establish probable cause for the arrest of the defendant. The state relied upon one witness, whose testimony was vague, equivocal, and self-contradictory. In a motion to suppress, the judge sits as the trier of fact. Kelly v. State, 129 Ga. App. 131 (198 SE2d 910). Credibility of the witness…