State v. Livingston

Full title: THE STATE v. LIVINGSTON et al

Court: Court of Appeals of Georgia

Date published: Apr 6, 1978

245 S.E.2d 11 (Ga. Ct. App. 1978)

245 S.E.2d 11

Opinion

55545.

SUBMITTED MARCH 7, 1978.

DECIDED APRIL 6, 1978. REHEARING DENIED APRIL 28, 1978.

Theft by receiving. Cobb Superior Court. Before Judge Ravan.

Thomas J. Charron, District Attorney, Joseph L. Chambers, Assistant District Attorney, for appellant.

Barnes Browning, Roy E. Barnes, Thomas J. Browning, for appellees.

WEBB, Judge.

This appeal by the state from an order of the superior court suppressing certain evidence was transferred here by the Supreme Court. The evidence was seized in the exercise of a search warrant obtained by two police officers from a justice of the peace who apparently was paid on a fee basis. The warrant was issued and executed December 5, 1976. The trial court applied retroactively Connally v. Georgia, 429 U.S. 245 ( 97 SC 546, 50 L.Ed.2d 444) (1977) and suppressed the evidence.

We reverse. The ruling in State v. Patterson, 143 Ga. App. 225 ( 237 S.E.2d 707) (1977) is controlling, and we hold that the trial judge erred in applying the Connally decision retroactively.

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

WEBB, Judge.

SUBMITTED MARCH 7, 1978 — DECIDED APRIL 6, 1978 — REHEARING DENIED APRIL 28, 1978 — CERT. APPLIED FOR.