Lowery v. State, No. 50823

• Court: United States Court of Appeals (Georgia)
• Writing for the Court: QUILLIAN; PANNELL, P.J., and CLARK
• Citation: 135 Ga.App. 423,218 S.E.2d 132
• Parties: Charles LOWERY v. The STATE
• Decision Date: 15 July 1975
• Docket Number: No. 50823,No. 2

Page 132

218 S.E.2d 132 135 Ga.App. 423 Charles LOWERY
v.
The STATE. No. 50823. Court of Appeals of Georgia, Division No. 2. July 15, 1975.

Roger E. Bradley, Blue Ridge, for appellant.

C. B. Holcomb, Dist. Atty., Frank C. Mills, III, Asst. Dist. Atty., Canton, for appellee.

QUILLIAN, Judge.

The defendant appeals from his conviction for burglary. The first enumeration of error is that it was error to overrule the motion to suppress certain evidence obtained under a search warrant. Held:

1. The affidavit for the search warrant provided as grounds for issuance: 'Based on information from a reliable informer, who has given reliable information in the past upon which arrests have been made and convictions had.' The record fails to reveal that any other evidence was introduced before the issuing magistrate.

The affidavit was fatally defective since it failed to show how the informant obtained his information, Bell v. State, 128 Ga.App. 426, 196 S.E.2d 894, nor does it reveal that such information was current and not stale, Fowler v. State, 121 Ga.App. 22, 172 S.E.2d 447. While there was testimony before the trial judge concerning when the information was received, there was nothing to show that the issuing magistrate had that information or that the information itself was current. Hence, it was error to deny the motion to suppress.

Page 133

2. 'In view of this determination, it is unnecessary to consider defendant's other enumerations of error.' Good v. State, 127 Ga.App. 775, 777, 195 S.E.2d 264, 266.

Judgment reversed.

PANNELL, P.J., and CLARK, J., concur.