Sanders v. State
Sanders v. State
Opinion of the Court
1. Police officers with a warrant entered premises where beer was sold and a pool table available. The only persons present were the defendant and her infant, found in a bedroom to which access was temporarily delayed. A claw hammer and pistol were found under some blankets on a chair. The bed was pulled away from the wall, and it was noticed that a piece of paneling on the wall behind it was loose. Examination disclosed 33 plasticine bags containing in all over a pound of marijuana.
A jury question on possession was presented as against the defendant’s contention that others than herself had equal access to the room. There was testimony that only the defendant lived on the premises. She admitted running the bar and pool hall. No evidence suggested equal access in favor of any other person including instances cited in Hill v. State, 50 Ga. App. 288 (2), 290 (177 SE 826) (1934) such as that others than the defendant lived in the house, or others have access to the area where the contraband is found and which is not controlled by the accused (who occupies another portion of the building) or where it is brought into a place of business by one not connected with it and without the knowledge of the defendant. The motion for new trial on the general grounds was properly overruled.
2. A peace officer testified that he told the defendant she would be charged with possession of marijuana, she could come on to the courthouse, he knew her well, didn’t
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.