State v. Clark

Quillian, Presiding Judge.

Accusations were sworn out in the Criminal Court of Fulton County (now State Court), charging the defendant with possessing marijuana, commercial gambling, and keeping a gambling place. Defendant’s motion to suppress the state’s evidence was sustained. The state has appealed. Held:

The sole issue for determination is whether the information provided the judge authorizing the warrant was "stale.” See Bell v. State, 128 Ga. App. 426, 427 (196 SE2d 894); Bailey v. State, 131 Ga. App. 276 (205 SE2d 532). The affiant swore: "On March 14,1976, we received information from a…