HORZEMPA v. STATE

5 Div. 148.

290 So.2d 217 (1973)

John J. HORZEMPA, Jr., alias v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied September 25, 1973.


Attorney(s) appearing for the Case

Jacob A. Walker, Jr., Opelika, for appellant.

William J. Baxley, Atty. Gen., and Charles R. Hare, Jr., Sp. Asst. Atty. Gen., for the State.


CATES, Presiding Judge.

Possession of marijuana on or about January 23, 1971: sentence, five years in the penitentiary.

I

The affirmance or reversal of this appeal rests on the constitutional validity of a search warrant. The affidavit on which the issuing magistrate, Judge of the Court of Common Pleas of Lee County, relied, was in pertinent part as follows:

"Affiant has received information from two different reliable informants that they...

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