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Latten v. State

Court of Appeals of Georgia
Sep 20, 1972
127 Ga. App. 75 (Ga. Ct. App. 1972)

Opinion

47394.

ARGUED SEPTEMBER 8, 1972.

DECIDED SEPTEMBER 20, 1972.

Drug violation. Clarke State Court. Before Judge Pittard.

Alexander Jarrard, Alan M. Alexander, Jr., for appellant.

Ken Stula, Solicitor, for appellee.


The defendant, charged with the possession of marijuana, appeals the judgment of the trial judge overruling the defendant's motion to suppress the evidence, alleging inter alia, that the information gathered as related in the affidavit in support of the search warrant "is old, stale and unreliable and therefore, particularly as to the defendant an insufficient basis for a determination of probable cause."

Read in the light most favorable to the prosecution, the information as to the apartment of the defendant, is that "within the past month, an admitted user of heroin stated ... that Nance kept his drugs in the apartment of Shirley Latten and obtained them to sell from that place." The affidavit does not set forth the time the informer obtained the information or the time the evidence was in the apartment of the defendant. Absent the time of the occurrence of the facts relied upon, probable cause for issuance of the search warrant is not established. Fowler v. State, 121 Ga. App. 22, 23 ( 172 S.E.2d 447); Windsor v. State, 122 Ga. App. 767, 768 ( 178 S.E.2d 751); Gilliam v. State, 124 Ga. App. 843 ( 186 S.E.2d 360). The trial court erred in overruling the defendant's motion to suppress.

Judgment reversed. Hall, P. J., and Quillian, J., concur.

ARGUED SEPTEMBER 8, 1972 — DECIDED SEPTEMBER 20, 1972.


Summaries of

Latten v. State

Court of Appeals of Georgia
Sep 20, 1972
127 Ga. App. 75 (Ga. Ct. App. 1972)
Case details for

Latten v. State

Case Details

Full title:LATTEN v. THE STATE

Court:Court of Appeals of Georgia

Date published: Sep 20, 1972

Citations

127 Ga. App. 75 (Ga. Ct. App. 1972)
192 S.E.2d 562

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