Lunsford v. State

John A. Fogleman, Justice.

Benny Lunsford was found guilty of possession of marijuana with intent to deliver. A motion to suppress the evidence seized under the authority of a search warrant was denied. The motion was based, in part, upon the failure of the search warrant to inform the issuing municipal judge of the underlying facts and circumstances from which the informant concluded that marijuana was where he claimed it was. We find error in the denial of the motion to suppress and reverse.

An affidavit for the search warrant was made by Sheriff A. C. Hadaway. He stated that his reason to…