State v. Robinson

If in fact the affidavit for search warrant and the search warrant were before the trial court when that court overruled defendant-appellee’s motion to suppress the evidence, the Court of Appeals' was correct in reversing the defendant’s *213conviction on authority of State v. Gill, supra. That case is directly in point and controlling-. The state dp.es. not deny that the warrant was used to search the apartment occupied by the defendant and to seize the heroin which was the basis of the charge against both Gill and the defendant.

The controlling issue in this cause is whether the affidavit for…