STATE v. SMITH

51267.

137 Ga. App. 101 (1975)

223 S.E.2d 30

THE STATE v. SMITH.

Court of Appeals of Georgia.

Decided December 5, 1975.

Rehearing Denied December 18, 1975.


Attorney(s) appearing for the Case

Hinson McAuliffe, Solicitor, Charles Hadaway, Assistant Solicitor, for appellant.

R. Wayne Pressley, for appellee.


PANNELL, Presiding Judge.

The defendant was charged with possessing not more than one ounce of marijuana in violation of the Georgia Controlled Substance Act. He made a motion to suppress the evidence. Upon hearing evidence in support of the motion, the trial court entered an order suppressing the evidence. The state appeals the judgment sustaining defendant's motion to suppress evidence.

The evidence shows that at approximately 1:00 p. m. on February 13,...

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