McMahan v. State

Bell, Chief Judge.

The defendant was indicted for having in his possession more than 1,440 fluid ounces of beer upon which the taxes had not been paid. Ga. L. 1971, p. 817 (Code Ann. § 58-726). He appeals from the judgment overruling his motion to suppress certain evidence obtained from an allegedly illegal search warrant. The trial court issued a certificate for immediate review. Held:

The officer who made the affidavit averred that he had probable cause to believe that defendant had in posses*492sion in Ms home non-tax-paid whiskey and beer. The facts recited in the affidavit by affiant, Agent…