LEWIS v. STATE

46804.

126 Ga. App. 123 (1972)

190 S.E.2d 123

LEWIS v. THE STATE.

Court of Appeals of Georgia.

Decided April 7, 1972.

Rehearing Denied April 21, 1972.


Attorney(s) appearing for the Case

M. C. Pritchard, for appellant.

Dewey Hayes, District Attorney, Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, Mathew Robins, Assistant Attorneys General, for appellee.


BELL, Chief Judge.

1. The motion to dismiss the appeal is denied.

2. (a) There is no merit in either contention of the defendant that the search warrant is void because the affiant was not sworn or because of the failure to make a return on the articles seized. The testimony of the justice of the peace and the affiant given at the suppression hearing both affirmatively show that the latter gave his evidence under oath. The failure to make a return on the search...

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