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Lawskills.com Georgia Caselaw
WOOD v. THE STATE.
43929.
DEEN, Judge.
Selling beer without license. Madison Superior Court. Before Judge Williford.
27-303. It is subject to attack on a motion to suppress evidence on the trial of the case for the reason, along others, that it was illegally executed (Code Ann. 27-313), and proof that the facts sworn to in the supporting affidavit were actually false might well be proof of illegal execution. This was not, however, made a ground of the motion to suppress evidence in the present case. The officer whose name was signed to the supporting affidavit admitted on cross examination that some of the "facts" which he swore the informant had told him had not been furnished him at the time the affidavit was made, including the statement that the informant (Moxley) had purchased beer and whiskey from the defendant. Moxley, testifying on the subsequent trial of the case, swore that he did purchase beer from the defendant. It appears from all of the evidence that part of the statements made in the affidavit upon which the warrant was issued were true and part were false, thus exposing the affiant to a charge of false swearing. As against the attack that there was no showing of probable cause the question must be determined as of the time the warrant issued, and nothing here suggests that the issuing magistrate had reason to suspect that certain facts included in the affidavit were untrue. As stated above, there was no attack on the warrant on the ground that it was illegally executed. The motion to suppress evidence was properly denied.
2. Where the indictment is otherwise good, an obvious clerical error will not vitiate it. Lewis v. State, 55 Ga. App. 743 (2) (191 SE 278). This indictment is in the form required by Code 27-701. The fact that it charges the defendant with selling beer "without first having obtained a license to deal in such beverages and [as] provided by law" is immaterial. The motion to quash the indictment is without merit.
Guy B. Scott, Jr., for appellant.
SUBMITTED SEPTEMBER 10, 1968 -- DECIDED OCTOBER 8, 1968.
Friday May 22 18:59 EDT


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