Morrow v. State, 47756

• Decision Date: 12 March 1973
• Docket Number: No. 47756,No. 2,47756,2
• Citation: 196 S.E.2d 901,128 Ga.App. 461
• Parties: Joseph W. MORROW, III v. The STATE
• Court: Georgia Court of Appeals

Page 901

196 S.E.2d 901

128 Ga.App. 461

Joseph W. MORROW, III v. The STATE.

No. 47756.

Court of Appeals of Georgia, Division No. 2.

March 12, 1973.

R. Joneal Lee, Warner Robins, for appellant.

No appearance for appellee.

Syllabus Opinion by the Court

CLARK, Judge.

This appeal accompanied by the trial judge's requisite review certificate is from the trial court's denial of the accused's pre-trial motion to suppress the evidence, contraband drugs, discovered during a search of defendant's residence. Appellant's contention is that the affidavit and oral sworn testimony given to the magistrate who issued the search warrant failed to satisfy the basic requirement of probable cause in that there was no information from which the magistrate could have determined how or when the informer obtained the information given the affiant.

The factual situation here was similar to that in Grebe v. State, 125 Ga.App. 873, 189 S.E.2d 698 which was held insufficient to meet the tests laid down in the Federal cases discussed in Sams v. State, 121 Ga.App. 46, 48, 172 S.E.2d 473 and Johnson v. State, 111 Ga.App. 298, 141 S.E.2d 574. Accordingly, we must hold the trial court here erred. Similar rulings by this court are Fowler v. State, 121 Ga.App. 22, 172 S.E.2d 447; Windsor v. State, 122 Ga.App. 767, 178 S.E.2d 751; Gilliam v. State, 124 Ga.App. 843, 186 S.E.2d 290; McMiken v. State, 127 Ga.App. 66, 192 S.E.2d 716; Latten v. State, 127 Ga.App. 75, 192 S.E.2d 562; and Bell v. State, 128 Ga.App. 426, 196 S.E.2d 894.

Judgment reversed.

HALL, P.J., and EVANS, J., concur.