Cain v. State

ADKINS, Justice.

By petition for writ of certiorari, we have for review a decision of the District Court of Appeal, Second District (State v. Cain, 272 So.2d 548), which allegedly conflicts with a prior decision of this Court (Jackson v. State, 87 Fla. 262, 99 So. 548), on the same point of law. Fla.Const., art. V, § 3(b)(3), F.S.A.

Petitioners were charged with possession of marijuana. The trial judge, upon motion, suppressed the admission of the marijuana seized at defendants’ home because the search warrant failed to state the date on which it had been issued. The search warrant provided…