From Casetext: Smarter Legal Research

Benjein v. State

Court of Appeals of Georgia
Jun 16, 1981
282 S.E.2d 391 (Ga. Ct. App. 1981)

Opinion

61092.

DECIDED JUNE 16, 1981.

Drug violation. Fulton Superior Court. Before Judge Langford.

Myra Dixon, Lawrence Lee Washburn III, for appellant.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, Margaret V. Lines, Scott Childress, Assistant District Attorneys, for appellee.


Appellant was indicted and tried for violation of the Georgia Controlled Substances Act, the specific charge being that he possessed Phencyclidine with intent to distribute it. From the judgment entered on a jury verdict finding appellant guilty, appellant appeals to this court and enumerates as error the general grounds and the failure of the trial court to direct a verdict of acquittal.

In a lengthy argument addressed to what appellant perceives to be weaknesses in the state's case, appellant contends that the state failed to prove that appellant rather than other persons present possessed and sold the drug to an undercover law enforcement officer. However, the law enforcement officer positively testified that it was the appellant from whom he purchased a substance later identified by expert testimony as being a contraband drug. The officer further testified that he paid the appellant the sum of $50.

In the evaluation of enumerations raising the general grounds, appellate review is limited to a determination of the sufficiency of the evidence and does not extend to a consideration of the weight of the evidence. Armour v. State, 154 Ga. App. 740 ( 270 S.E.2d 22) (1980). The evidence in this case was clearly sufficient to support the verdict.

"A defendant is entitled to a directed verdict only where there is no conflict in the evidence, and the evidence introduced, with all reasonable deductions and inferences therefrom, demands a verdict of not guilty." Causey v. State, 154 Ga. App. 76, 77 ( 267 S.E.2d 475) (1980). After a thorough review of the entire record, we find that a rational trior of fact could have found from the evidence presented proof of the appellant's guilt beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560) (1979); Green v. State, 152 Ga. App. 387 ( 262 S.E.2d 639) (1979).

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

DECIDED JUNE 16, 1981.


Summaries of

Benjein v. State

Court of Appeals of Georgia
Jun 16, 1981
282 S.E.2d 391 (Ga. Ct. App. 1981)
Case details for

Benjein v. State

Case Details

Full title:BENJEIN v. THE STATE

Court:Court of Appeals of Georgia

Date published: Jun 16, 1981

Citations

282 S.E.2d 391 (Ga. Ct. App. 1981)
282 S.E.2d 391

Citing Cases

Thomas v. State

In his first enumeration defendant maintains the trial court erred in denying his "motion for judgment of…

Strickland v. State

In his second enumeration or error, appellant contends that the trial court erred in not granting a directed…