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Blount v. State

Court of Appeals of Georgia
Nov 14, 1977
240 S.E.2d 216 (Ga. Ct. App. 1977)

Opinion

54584.

SUBMITTED OCTOBER 3, 1977.

DECIDED NOVEMBER 14, 1977.

Drug violation. Richmond Superior Court. Before Judge Fleming.

Harrison, Jolles, Miller Busch, Henry A. Miller, for appellant.

Richard E. Allen, District Attorney, James W. Purcell, Assistant District Attorney, for appellee.


Defendant was convicted of a three-count indictment alleging a violation of the Georgia Controlled Substances Act by making a sale of marijuana and two separate sales of heroin. Held:

1. Defendant objected to the admission of state's Exhibit 3, a quantity of marijuana, because the chain of custody had not been established. On April 6, 1976, an agent of the Georgia Bureau of Investigation was working on undercover drug investigations in Augusta, Georgia. That agent, in the company of another agent, made a purchase of marijuana from defendant. The substance was tagged and marked for identification, placed in an envelope, entered in a diary and kept in a locked briefcase until taken to the crime lab in Atlanta by the agent where it was personally turned over to the forensic chemist, who, in turn, kept it in a locked evidence file. Although defendant alleges that the evidence might have been tampered with there is nothing to show that this was the case. This evidence was properly admitted. See Lentile v. State, 136 Ga. App. 611 ( 222 S.E.2d 86).

2. Admission of state's Exhibits 1 and 2, separate quantities of heroin, was objected to at trial "upon the fact that a sufficient foundation has not been laid." Counsel did not inform the court as to what was lacking with reference to laying a sufficient foundation. This objection is insufficient to raise any issue for review. Coleman v. State, 124 Ga. App. 313 (3) ( 183 S.E.2d 608).

3. As the evidence authorized conviction, the trial court did not err in denying a directed verdict of acquittal.

Judgment affirmed. McMurray and Smith, JJ., concur.

SUBMITTED OCTOBER 3, 1977 — DECIDED NOVEMBER 14, 1977.


Summaries of

Blount v. State

Court of Appeals of Georgia
Nov 14, 1977
240 S.E.2d 216 (Ga. Ct. App. 1977)
Case details for

Blount v. State

Case Details

Full title:BLOUNT v. THE STATE

Court:Court of Appeals of Georgia

Date published: Nov 14, 1977

Citations

240 S.E.2d 216 (Ga. Ct. App. 1977)
240 S.E.2d 216

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