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Lawskills.com Georgia Caselaw
RIDER v. THE STATE.
42205.
HALL, Judge.
Possessing nontax-paid liquor. Dawson Superior Court. Before Judge Kenyon.
1. Where a paper which would be admissible in evidence is lost or destroyed, its contents are provable by parol, after proof of loss or destruction; the question of the party's diligence in regard to its inaccessibility is for the sound discretion of the trial court. Code 38-702; Graham v. Campbell, 56 Ga. 258, 261; Phillips v. Lindsay, 65 Ga. 139, 143; Turner v. Elliott, 127 Ga. 338 (56 SE 434). We cannot say that the trial court abused its discretion in admitting parol testimony of the search warrant.
2. The information presented under oath to the magistrate in this case was sufficient to support a finding of probable cause. Marshall v. State, 113 Ga. App. 143 (147 SE2d 666).
Jeff C. Wayne, Solicitor General, C. Frank Strickland, Jr., for appellee.
Brannon & Brannon, E. C. Brannon, Jr., for appellant.
SUBMITTED SEPTEMBER 12, 1966 -- DECIDED SEPTEMBER 26, 1966.
Friday May 22 20:26 EDT


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