Jones v. State

Eberhardt, Presiding Judge.

Appellant was arrested by Atlanta police officers on January 25,1973, and he was subsequently charged with the misdemeanor offense of theft by receiving stolen property of the value of $10 (Criminal Code § 26-1806). Pursuant to Code Ann. § 27-313, appellant filed a timely motion to suppress evidence seized from his automobile. After a hearing, consisting of the testimony of Officer Thornton, who made the search and seizure without a warrant, the trial court overruled the motion. Appellant appeals with a certificate for immediate review. Held:

1. The burden of proving…