State v. Thomas

Court of Appeals of Georgia

Decided May 17, 1979

Court of Appeals of Georgia · decided 1979-05-17

Relies on 144 Ga. App. 692 - Bell v. State · 140 Ga. App. 577 - State v. Mabrey · 94 Ga. App. 141 - Nix v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1979-05-17

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Cited by 9 later decisions — most recently September 2002

9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Banke, Acting Presiding Judge.

¶1 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:

¶2 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).

¶3 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).

¶4 Judgment affirmed.

Underwood and Carley, JJ., concur.