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ELLENBURG v. STATE

41701.

113 Ga. App. 585 (1966)

149 S.E.2d 173

ELLENBURG et al. v. THE STATE.

Court of Appeals of Georgia.

Decided April 18, 1966.

Rehearing Denied May 4, 1966.

Attorney(s) appearing for the Case

Wesley R. Asinof, for appellants.

Lewis R. Slaton, Solicitor General, J. Walter LeCraw, William E. Spence, Solicitor, Hinson McAuliffe, Frank A. Bowers, Carter Goode, for appellee.

HALL, Judge.

"A search warrant may be issued only for the making of a search authorized at common law or by statute." Johnson v. State, 111 Ga.App. 298, 302 (141 S.E.2d 574). Prior to the Search and Seizure Act of 1966 (Ga. L. 1966, p. 567), there was no statute expressly authorizing the issuance of a search warrant for the implements of gambling. The common law of Georgia is "the Common...

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