Nutter v. State

Shulman, Presiding Judge.

Convicted upon a bench trial of two counts of violating the Georgia Controlled Substances Act (Code Ann. Ch. 79A-8, Ga. L. 1974, p. 221 et seq.), Nutter appeals the overruling of his motion to suppress evidence.

A warrant was obtained to search Nutter’s residence based upon the affidavit of a police officer that on November 30,1978, he had been told by a reliable informant who “was present at the above address between the dates of 11-26-78 and 11-30-78 [that he] did observe [Nutter and another man] store and use Marijuana.” Nutter testified that at no time on those…