Lewis v. State

Bell, Chief Judge.

The motion to dismiss the appeal is denied.

There is no merit in either contention of the defendant that the search warrant is void because the affiant was not sworn or because of the failure to make a return on the articles seized. The testimony of the justice of the peace and the affiant given at the suppression hearing both affirmatively show that the latter gave his evidence under oath. The failure to make a return on the search warrant is a ministerial act and does not affect the validity of the search. Williams v. State, 125 Ga. App. 170 (186 SE2d 756).

There remain…