DAVIS v. STATE

3 Div. 3.

237 So.2d 635 (1969)

Horace E. DAVIS, alias v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 25, 1969.


Attorney(s) appearing for the Case

Hill, Hill, Whiting & Harris and John O. Harris, Montgomery, for appellant.

MacDonald Gallion, Atty. Gen., and Richard F. Calhoun, Asst. Atty. Gen., for the State.


CATES, Judge.

Appeal from conviction under Alabama Drug Abuse Control Act, Act 252, August 27, 1967. Sentence two years in the penitentiary. The only evidence came from a search.

We are compelled to reverse. The search warrant issued out of the Court of Common Pleas of Montgomery of which Alex A. Marks is Ex Officio Judge. See Act No. 906, September 8, 1961, particularly § 20. The affidavit laid before Judge Marks as such judge is conclusory only: it...

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