Home/Court of Appeals of Georgia/Sims v. State

Sims v. State

223 S.E.2d 468, 137 Ga. App. 264, 1976 Ga. App. LEXIS 2407
CourtCourt of Appeals of Georgia
DecidedJanuary 15, 1976
Docket51531
StatusPublished
Cited by26 cases

This text of 223 S.E.2d 468 (Sims v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sims v. State, 223 S.E.2d 468, 137 Ga. App. 264, 1976 Ga. App. LEXIS 2407 (Ga. Ct. App. 1976).

Opinion

Evans, Judge.

Defendant was arrested for public drunkenness by the city police of Athens, Georgia. No marijuana was found on his person at the time of his arrest, which was a "patting-down” for weapons; but, at the city stockade an inventory search was made and marijuana was found on his person. He was tried and convicted of violating the Controlled Substances Act and he appeals. Held:

The sole complaint is that the defendant was convicted on the unsupported testimony of one witness who found the marijuana on his person. Of course there was other testimony as to the finding of marijuana. Defendant contends the evidence was manufactured against him and that no marijuana was actually found on him.

Where the testimony of the state and the defendant is in conflict, the jury is the final arbiter. Crews v. State, 133 Ga. App. 764 (213 SE2d 34); Harrell v. State, 69 Ga. App. 482 (1) (26 SE2d 151); Locey v. State, 74 Ga. App. 447, 448 (39 SE2d 763).

Judgment affirmed.

Pannell, P. J., and Marshall, J., concur. *265 Submitted January 5, 1976 Decided January 15, 1976. John W. Timmons, Jr., for appellant. Ken Stula, Solicitor, for appellee.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Glanton v. State
394 S.E.2d 577 (Court of Appeals of Georgia, 1990)
Gainey v. State
369 S.E.2d 313 (Court of Appeals of Georgia, 1988)
Myers v. State
362 S.E.2d 92 (Court of Appeals of Georgia, 1987)
Robinson v. State
361 S.E.2d 542 (Court of Appeals of Georgia, 1987)
Alliston v. State
359 S.E.2d 220 (Court of Appeals of Georgia, 1987)
Roberson v. State
358 S.E.2d 659 (Court of Appeals of Georgia, 1987)
Reason v. State
353 S.E.2d 73 (Court of Appeals of Georgia, 1987)
Herrington v. State
340 S.E.2d 637 (Court of Appeals of Georgia, 1986)
Monroe v. State
335 S.E.2d 736 (Court of Appeals of Georgia, 1985)
Carson v. State
320 S.E.2d 382 (Court of Appeals of Georgia, 1984)
Fleming v. State
312 S.E.2d 869 (Court of Appeals of Georgia, 1984)
Boles v. State
310 S.E.2d 741 (Court of Appeals of Georgia, 1983)
Rhodes v. State
308 S.E.2d 33 (Court of Appeals of Georgia, 1983)
Burns v. State
305 S.E.2d 398 (Court of Appeals of Georgia, 1983)
Bowers v. State
283 S.E.2d 53 (Court of Appeals of Georgia, 1981)
Banks v. State
277 S.E.2d 293 (Court of Appeals of Georgia, 1981)
Mitchell v. State
276 S.E.2d 864 (Court of Appeals of Georgia, 1981)
Ackerman/Adair Realty Co. v. Coppedge
273 S.E.2d 645 (Court of Appeals of Georgia, 1980)
Wynn v. State
263 S.E.2d 258 (Court of Appeals of Georgia, 1979)
Bell v. State
257 S.E.2d 355 (Court of Appeals of Georgia, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
223 S.E.2d 468, 137 Ga. App. 264, 1976 Ga. App. LEXIS 2407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sims-v-state-gactapp-1976.