Koehn v. State

• Decision Date: 12 November 1976
• Docket Number: No. 52837,52837
• Citation: 140 Ga.App. 707,231 S.E.2d 470
• Parties: L.E. KOEHN v. The STATE.
• Court: Georgia Court of Appeals

Page 470

231 S.E.2d 470

140 Ga.App. 707

L.E. KOEHN v. The STATE.

No. 52837.

Court of Appeals of Georgia.

Nov. 12, 1976.

Rehearing Denied Dec. 8, 1976.

Glyndon C. Pruitt, Buford, for appellant.

Bryant Huff, Dist. Atty., Robert A. Barnaby, II, Asst. Dist. Atty., Lawrenceville, for appellee.

QUILLIAN, Presiding Judge.

The defendant was convicted for violation of the Georgia Controlled Substances Act (Ga.L.1974, pp. 221, 223) and appeals to this court after the overruling of his motion for new trial. Held:

1. The affidavit entered in support of the search warrant was not subject to the attacks made upon it. Davis v. State, 129 Ga.App. 158(3), 198 S.E.2d 913; Meneghan v. State, 132 Ga.App. 380(1), 208 S.E.2d 150; Burkill v. State, 135 Ga.App. 595(1), 218 S.E.2d 453.

2. It was not error to overrule the motion for a new trial.

Judgment affirmed.

MARSHALL and McMURRAY, JJ., concur.