From Casetext: Smarter Legal Research

Shuman v. State

Court of Appeals of Georgia
May 31, 1978
245 S.E.2d 481 (Ga. Ct. App. 1978)

Opinion

55841.

SUBMITTED MAY 4, 1978.

DECIDED MAY 31, 1978.

Drug violation. DeKalb Superior Court. Before Judge Henley.

Moulton, Carriere, Cavan Maloof, J. Wayne Moulton, for appellant.

M. Randall Peek, District Attorney, Jonathan C. Peters, Assistant District Attorney, for appellee.


Shuman was walking across the parking lot of a shopping center and staggered in front of a police vehicle, whereupon the policeman arrested him for public drunkenness, searched him and found marijuana and phencyclidine on his person. Upon the hearing on his motion to suppress evidence as to these substances and his trial for possession of them, the state contended that the search was lawful because incident to a lawful arrest. It was conceded that the lawfulness of the arrest could not be established under state law, but the state's position was that it was authorized under county ordinance.

Here, however, as in LaRue v. State, 137 Ga. App. 762 (1) ( 224 S.E.2d 837) (1976) and Peoples v. State, 134 Ga. App. 820 (1) ( 216 S.E.2d 604) (1975), the state failed to prove the ordinance and include it in the appeal record; and those cases are controlling on both the facts and the law and require reversal.

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

SUBMITTED MAY 4, 1978 — DECIDED MAY 31, 1978.


Summaries of

Shuman v. State

Court of Appeals of Georgia
May 31, 1978
245 S.E.2d 481 (Ga. Ct. App. 1978)
Case details for

Shuman v. State

Case Details

Full title:SHUMAN v. THE STATE

Court:Court of Appeals of Georgia

Date published: May 31, 1978

Citations

245 S.E.2d 481 (Ga. Ct. App. 1978)
146 Ga. App. 124

Citing Cases

Young v. State

Merely staggering, for example, is not a sufficient manifestation to justify [an arrest]." Finch v. State,…

Brockington v. State

The arresting officer testified that the men were arrested under a municipal ordinance for the offense of…