Legal Opinion

Reece v. State

Court of Appeals of Georgia

Decided November 30, 1979No. 58614PublishedCited by 14 opinions

1Opinion of the Court

Shulman, Judge.

Defendant appeals his conviction on the offense of theft by receiving stolen property. We affirm.

1. Appellant maintains that the court erred in denying his motion to suppress evidence unlawfully obtained.

On the issue of "standing,” we agree with appellant’s contentions. Since defendant was charged with an offense, "the essential element of which is possession” (Cook v. State, 134 Ga. App. 712 (2) (215 SE2d 728)), defendant is endowed with automatic standing to challenge the validity of the searches of which he complains. Id. See also State v. Davidson, 140 Ga. App. 338 (231…

2Cases cited17 opinions

  1. Hester v. United StatesSupreme Court of the United States · 1924
  2. Johnston v. StateSupreme Court of Georgia · 1971
  3. Dugan v. StateCourt of Appeals of Georgia · 1974
  4. Simmons v. StateSupreme Court of Georgia · 1975
  5. Cook v. StateCourt of Appeals of Georgia · 1975

12 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. State v. MyrickWashington Supreme Court · 1984
  2. Sanders v. StateCourt of Appeals of Georgia · 1986
  3. Giddens v. StateCourt of Appeals of Georgia · 1980
  4. Evans v. StateCourt of Appeals of Georgia · 1982
  5. Kelly v. StateCourt of Appeals of Georgia · 1987

9 more not listed; retrieve them via the Exa API.

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