Swift v. State

Full title: SWIFT v. THE STATE

Court: Court of Appeals of Georgia

Date published: Sep 23, 1974

209 S.E.2d 98 (Ga. Ct. App. 1974)

209 S.E.2d 98

Opinion

48522.

DECIDED SEPTEMBER 23, 1974.

Drug violation. Glynn Superior Court. Before Judge Flexer.

J. S. Hutto Associates, Randall M. Clark, J. Carroll Palmatary, for appellant.

Glenn Thomas, Jr., District Attorney, Cletus W. Bergen, II, Robert A. Barnaby, II, Assistant District Attorneys, Arthur K. Bolton, Attorney General, H. Andrew Owen, Jr., Assistant Attorney General, R. David Petersen, Deputy Assistant Attorney General, for appellee.

EVANS, Judge.

The judgment of this court has been vacated by reason of the decision in State v. Swift, 232 Ga. 535. Accordingly, our decision in Swift v. State, 131 Ga. App. 231 ( 206 S.E.2d 51), is vacated and set aside. The Supreme Court having held that the evidence before the lower court was in conflict and there being evidence sufficient to support the lower court's decision denying the motion to suppress, the judgment is therefore affirmed.

Judgment affirmed. Bell, C. J., Eberhardt, P. J., Pannell, P. J., Deen, Quillian, Clark, Stolz and Webb, JJ., concur.

DECIDED SEPTEMBER 23, 1974.