Thompson v. State

McMurray, Presiding Judge.

Defendant appeals from his conviction of armed robbery. His sole enumeration of error is that the trial court erred in denying the defendant’s motion to suppress the pretrial identification evidence of the defendant in that the trial court impermissively placed the burden of proof upon the defendant in the hearing on the motion. Held:

Defendant bases his argument upon the law set forth in Code Ann. § 27-313 (Ga. L. 1966, pp. 567, 571) which places the burden of proof upon the state with reference to motions to suppress evidence illegally seized in an unlawful search…