MERRITT v. STATE

45298.

121 Ga. App. 832 (1970)

175 S.E.2d 890

MERRITT v. THE STATE.

Court of Appeals of Georgia.

Decided May 1, 1970.

Rehearing Denied May 29, 1970.


Attorney(s) appearing for the Case

Charles R. Smith, for appellant.

Hinson McAuliffe, Solicitor, Thomas E. Moran, James L. Webb, Frank A. Bowers, for appellee.


HALL, Presiding Judge.

Defendant, who has been convicted of operating a lottery, appeals from the denial of his motion to suppress evidence which he contends was illegally seized under an invalid search warrant.

1. Defendant first contends that the State never formally introduced the warrant in evidence at the hearing on the motion to suppress, and it therefore may not rely upon the warrant to carry its burden of proof on the issue of legal search. The record...

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