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RAIF v. STATE

40186, 40187.

109 Ga. App. 354 (1964)

136 S.E.2d 169

RAIF v. THE STATE. LUCK v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied March 16, 1964.

Attorney(s) appearing for the Case

E. W. Fleming, James E. Weldon, for plaintiffs in error.

Eugene Cook, Attorney General, Albert Sidney Johnson, Assistant Attorney General, Wright Lipford, Solicitor General, contra.

NICHOLS, Presiding Judge.

1. These cases were tried under the law enunciated in Winston v. State, 79 Ga.App. 711 (2a) (54 S.E.2d 354), and the cases there cited which held: "Although evidence against a defendant in a criminal case may be obtained by peace officers in the course of an unlawful, unwarranted, unreasonable, and reprehensible search of the home of the defendant, in a flagrant violation of the Fourth Amendment of the Federal Constitution and article...

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