Hornsby v. State

Hornsby, appealing from a judgment of conviction and sentence for the offense of possessing marijuana, enumerates the denial of a motion to suppress evidence as error. The motion was made on the ground that the search warrant which produced the evidence was issued without the requisite showing of probable cause.

We agree with the appellant. The affidavit presented in support of the application for the search warrant recites: "The affiant has received information from a reliable but confidential source that there is now stored at the above described residence approximately ten pounds of…