State v. White

This is a criminal appeal from the Circuit Court of Nicholas County in which the appellant, Cebert White, Jr., was convicted by a jury of possession with intent to manufacture a controlled substance. We affirm.

The defendant was arrested on 23 May 1977 following a search of his residence. The search was under a warrant issued on that date by Magistrate Philip Conley. Deputy Jerry Simms had presented Magistrate Conley with an affidavit averring that White was in possession of and manufacturing “marihuana and other controlled substances” at the described premises. Deputy Simms’ affidavit recited…