Logan v. State, 50556

Decision Date29 September 1975
Docket NumberNo. 50556,No. 2,50556,2
Citation219 S.E.2d 615,135 Ga.App. 879
PartiesErnest LOGAN et al. v. The STATE
CourtGeorgia Court of Appeals

Edward F. Taylor, Macon, for appellants.

Clarence H. Clay, Jr., Sol., John R. Sikes, James M. Wootan, Asst. Sols., Macon, for appellee.

PANNELL, Presiding Judge.

This is an appeal from the overruling of a joint motion of six defendants to suppress alleged evidence seized in a search of the premises of Ernest Logan and his wife, Thelma, and from a search of the four other defendants, Frank Glover, Wilbur Mitchum, Annie Laura Hollingshed and George Ray Carson. The affidavit upon which the warrant was based was typed in on a printed form and each page was sworn to. The premises and persons to be searched were described as '2119 Third Avenue, which is a wood frame house located next to a vacant lot, occupied by a big fat colored male by the name of Logan, and his wife by the name of Thelma Logan. Also see list below of cars to be searched that come to the above mentioned residence, in the City of Macon, Bibb County Georgia.' The property to be seized was described as 'Lottery (Bug) & Money,' described as contraband. The facts were as follows: 'On 5 July 1974 at approximately 9 p.m. an informer came to the Detective Office and talked with Detective J. L. Dixon and Frank Beni. This informer has given information to the affiant in the past that has led to the arrest and conviction of two defendants and has also given information to the Detective Office which led to the arrest and conviction of a murder suspect. This informant has stated to Det Dixon and the affiant that between the hours of 10:30 and 11 A.M. Logan who is a big fat colored male approximately 5 10 ' every day (Monday thru Friday) goes to the restaurant on the corner of Broadway & Mulberry and owner of which is B. B. McElroy and picks up the Lottery tickets and the money that is being placed, then at approximately 11:15 A.M. Logan goes to the area of the 1100 block of Broadway and picks up some more tickets. Then Logan returns to the corner of Broadway & Mulberry and picks up any tickets which he has missed. Between the hours of 11:30 and 12:00 A.M. Logan takes all of his pickups and brings them to the above mentioned address which is his home.

'On 8 July 1974 Detective Beni & Officer Dial went to observe the activity that goes on, at the resident of Thelma Logan, 2110 Third Avenue. In the vacant lot next to the above mentioned residence was a 1959 White Chevrolet, tag # EIY 379, issued to Earnest Logan Jr., of 2119 Third Avenue. On 8 July 1974 at approximately 10:00 A.M. Det Beni and Officer Dial went to observe the corner of Broadway & Mulberry. At 10:25 A.M. a Dk blue 64 Chevrolet with one colored male in it went west down Mulberry then east on Mulberry to Broadway and south to the 3 or 700 block of Broadway. At 10:40 A.M. on the 8 July 1974 the Chevrolet returned to Broadway & Mulberry, the colored male got out of the automobile and went into Eddies Place then into the Liquor Store and then into Macs Place on the corner of Broadway & Mulberry, and stayed for approximately 12 minutes in each place the colored male went into. At the time the c/m was in Macs Place he pretended that he shook hands and while shaking, something was in their hands that was handed to him and he put it in his pocket. Logan shook hands with 3 c/m and on all three occasions he shook hands and then put something in his pocket. Then a colored male in a black shirt escorted Logan to his car and they talked for a short while, then the blue Chevrolet went east on Mulberry to Broadway and south to the 600 block, at this time it was 11:07 A.M. Logan spent most of his time in Eddies Place.

'On 9 July 1974 at approximately 10:00 A.M. there was not a person in sight on the corner of Broadway & Mulberry in front of Macs Place. On 9 July 1974 at 10:45 A.M. the dark blue Chevrolet parked on the corner near the Macon Hotel and walked across the street into Macs Place he went in the back door, a few minutes later seven colored males and colored females came out the front door and Logan then came out the back door. Logan then went on Mulberry into the Liquor Store and stayed a short while then came out and went down Broadway midway in the block and five colored males and a colored female came out and gathered around Logan.

'On 10 July 1974 at approximately 10:02 A.M. the dark blue Chevrolet returned to Broadway and Mulberry and the c/m went into Macs Place and stayed a short time and then came out. At this time the officers noticed three colored males in the park one had a bunch of papers in his right rear pocket, he took them out and then all three c/ms went into Eddies Place. At this time Logan went into Macs Place and stayed a short while and then the 3 colored males came out and then Logan came out. On 11 July 1974 there was no car or activity whatsoever. On 12 July 1974 the blue Chevrolet was parked in front of the house on 3rd Avenue and the white Chevrolet was gone. At 10:35 A.M. the white Chevrolet returned home at third avenue. On 12 July 1974 at approximately 10:38 A.M. Logan came out of the house and went across the street and then back to the house with another colored male. Shortly thereafter a wrecker came up to the front of the house and parked and the wrecker driver who was a colored male, Logan and the other colored male talked for a while. At this time we were in a position where we (Det Beni & Officer Dial) could be seen, so we then left.

'On 15 July 1974 at approximately 9:00 A.M. both cars were at the above mentioned residence the white car was parked in the street and the blue car was in the lot next to the above mentioned residence. At this time due to no activity on Broadway and Mulberry the investigation was ceased for a short time. On September 30, 1974 at approximately 9:20 A.M. Detective Frank Beni & Officer W. H. Kirk went by the above mentioned residence and noticed the blue and white Chevrolets in the yard. On 30 Sept 1974 approximately 9:45 A.M. the officers went to Broadway & Mulberry and there was no activity at all. At 10:15 A.M. on 30 Sept. 1974, the officers went to the above mentioned residence and the white Chevrolet was gone. At 11:00 A.M. the officers went back to Broadway & Mulberry and there was still no activity and then the officers left Broadway & Mulberry, and went back to Third Avenue. At 11:15 A.M. on 30 Sept, 1974 a tan 1966 or 67 Chevrolet came to the house and left hurriedly. At 11:20 same date a grey cadillac tag # ROM 182 pulled into the lot along side the residence and went into the back door the tag issued to 1962 Cadillac Milton Mitchell, 1488 Pio Nono Avenue. Shortly thereafter a green Chevrolet tag # LKX 472, Twiggs County parked on the street and a colored male got out of the car and ran into the above mentioned residence and came...

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3 cases
  • Steward v. State
    • United States
    • Georgia Court of Appeals
    • April 14, 1999
    ...the cocaine seized should have been suppressed. See id.; see also State v. Anderson, 195 Ga.App. 793, 395 S.E.2d 50; Logan v. State, 135 Ga.App. 879, 885(3), 219 S.E.2d 615. Under the peculiar circumstances of this case, we believe the officers had probable cause to search Steward. As we ha......
  • State v. Clark
    • United States
    • Georgia Court of Appeals
    • April 8, 1977
    ...it continued up to the date of issuance of the warrant, and was corroborated by the observation of the police. See Logan v. State, 135 Ga.App. 879, 884(1), 219 S.E.2d 615, on corroboration by surveillance and Register v. State, 124 Ga.App. 136, 139, 183 S.E.2d 68, on corroboration of inform......
  • McNeill v. State
    • United States
    • Georgia Court of Appeals
    • September 29, 1975

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