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HORZEMPA v. STATE

SC 557.

290 So.2d 220 (1974)

In re John J. HORZEMPA, Jr. v. STATE of Alabama. Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL.

Supreme Court of Alabama.

Rehearing Denied March 7, 1974.

Attorney(s) appearing for the Case

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

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

FAULKNER, Justice.

John J. Horzempa was convicted of illegal possession of marijuana and was sentenced to five years in the State penitentiary. The Court of Criminal Appeals, 52 Ala.App. 153, 290 So.2d 217 reversed because the evidence seized was held to be the result of the unconstitutional validity of a search warrant. Certiorari was granted because the case was one of first impression.

The affidavit presented to the magistrate...

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