Collins v. State

Georgia Court of Appeals
Collins v. State, 245 S.E.2d 488 (1978)
146 Ga. App. 138; 1978 Ga. App. LEXIS 2228
Smith, Deen, Banke

Collins v. State

Opinion

Smith, Judge.

We affirm appellant’s conviction on five counts of selling drugs in violation of the Georgia Controlled Substances Act.

1. An objection as to the admissibility of evidence will not be considered for the first time on appeal. Brown v. State, 226 Ga. 114 (3) (172 SE2d 666) (1970). Enumeration of error number 1 therefore raises nothing for review.

2. "It is never error for a trial court to refuse to charge on a lesser included offense even though requested in writing when the evidence does not reasonably raise the issue that defendant may be only guilty of the lesser crime.” Quick v. State, 139 Ga. App. 440, 443 (228 SE2d 592) (1976). The evidence clearly showed that appellant *139 sold marijuana to an undercover agent, and there is no evidence showing that appellant merely possessed marijuana. Therefore, the court correctly refused the requested charge on the offense of possession of marijuana.

Submitted April 3,1978 Decided June 6, 1978. Dennis J. Strickland, Sr., August F. Siemon, III, for appellant. Dewey Hayes, District Attorney, M. C. Pritchard, Assistant District Attorney, for appellee.

Judgment affirmed.

Deen, P. J., and Banke, J., concur.

Reference

Full Case Name
Collins v. the State
Cited By
5 cases
Status
Published