State v. Thomas

The State v. Thomas

State v. Thomas, 257 S.E.2d 28 (Ga. Ct. App. 1979)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: May 17, 1979
Docket: No. 57598
Judges: Banke, Underwood, Carley
Citations: 257 S.E.2d 28150 Ga. App. 1701979 Ga. App. LEXIS 2169

Cited by 5

Opinion — Banke

Banke, Acting Presiding Judge.

The state appeals the partial grant of the defendant’s motion to suppress evidence in this prosecution for the distribution of obscene materials. It is urged both that the motion is facially defective and that the defendant did not meet his burden of proving that the search and seizure were illegal.

Held:

1. The contention that the motion was facially defective cannot be considered on appeal since it was not raised in the trial court.

See Nix v. State, 94 Ga. App. 141 (2) ( 93 SE2d 783 )

(1956); Bell v. State, 144 Ga. App. 692 (1) ( 242 SE2d 345 ) (1978).

2. The burden of proving that the search was lawful was on the state, not the defendant. Code Ann. § 27-313 (b);

State v. Mabrey, 140 Ga. App. 577, 579 ( 231 SE2d 461 ) (1976).

Judgment affirmed.

Underwood and Carley, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 5 cases

View all citing references →

Relies on it most ⓘ

State v. Smith296 S.E.2d 141 (Ga. Ct. App. 1982)
Curry v. State273 S.E.2d 411 (Ga. Ct. App. 1980)
Harris v. State270 S.E.2d 854 (Ga. Ct. App. 1980)
Simpson v. State283 S.E.2d 91 (Ga. Ct. App. 1981) · Concurrence
Williams v. State281 S.E.2d 524 (Ga. 1981) · Dissent

Most recent

State v. Smith296 S.E.2d 141 (Ga. Ct. App. 1982)
Williams v. State281 S.E.2d 524 (Ga. 1981) · Dissent
Simpson v. State283 S.E.2d 91 (Ga. Ct. App. 1981) · Concurrence
Curry v. State273 S.E.2d 411 (Ga. Ct. App. 1980)
Harris v. State270 S.E.2d 854 (Ga. Ct. App. 1980)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	Bell v. State, 242 S.E.2d 345 (Ga. Ct. App. 1978)	12
	State v. Mabrey, 231 S.E.2d 461 (Ga. Ct. App. 1976)	12
	Nix v. State, 93 S.E.2d 783 (Ga. Ct. App. 1956)	8

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