Crews v. State, 49964
| Citation | 213 S.E.2d 34,133 Ga.App. 764 |
| Decision Date | 22 January 1975 |
| Docket Number | No. 3,No. 49964,49964,3 |
| Parties | James I. CREWS v. The STATE |
| Court | United States Court of Appeals (Georgia) |
Jay Wm. Fitt, Columbus, for appellant.
E. Mullins Whisnant, Dist. Atty., J. Gray Conger, Asst. Dist. Atty., Columbus, for appellee.
Syllabus Opinion by the Court
2. A police officer who, after receiving information from an informer that the defendant is illegally selling amphetamines, arranges with such third person to meet the defendant, and thereafter offers to and does purchase the drug from him for the purpose of obtaining evidence, is not an accomplice. Marshall v. State, 98 Ga.App. 429, 105 S.E.2d 748; Yeomans v. State, 229 Ga. 488, 192 S.E.2d 362.
2. The crime of illegally selling drugs is not one of those listed in Code § 38-121, which would require the testimony of a second witness to support a conviction.
3. The denial by the defendant, by his plea of not guilty and by his testimony, that the sale took place as testified to by the police officer, created an issue for jury decision. Where the testimony of the state and the defendant are in conflict, the jury is the final arbiter. Harrell v. State, 69 Ga.App. 482(1), 26 S.E.2d 151. 'It is the province of the jury, and theirs alone, when considering conflicting evidence and statements of defendants, to decide what evidence to believe or to disbelieve.' Locey v. State, 74 Ga.App. 447, 448, 39 S.E.2d 763, 764. The evidence is not insufficient merely because neither side has a numerical superiority of witnesses.
Judgment affirmed.
To continue reading
Request your trial
-
Bradham v. State
...223 S.E.2d 498. Where the testimony of the state and that of the defendant is in conflict, the jury is the final arbiter (Crews v. State, 133 Ga.App. 764, 213 S.E.2d 34; Sims v. State, 137 Ga.App. 264, 223 S.E.2d 468), and after the verdict is approved by the trial court, the evidence must ......
-
Anderson v. Oakley
... ... was never withdrawn or stricken from the pleading, in this state of the matter 'A party to a suit (or proceeding) will not be allowed to disprove an admission made ... ...
-
Mitchell v. State
...and that of the defendant is in conflict, the jury is the final arbiter (Sims v. State, 137 Ga.App. 264, 223 S.E.2d 468; Crews v. State, 133 Ga.App. 764, 213 S.E.2d 34), and after the verdict is approved by the trial judge, the evidence must be construed so as to uphold the verdict even whe......
-
Boles v. State
...and that of the defendant is in conflict, the jury is the final arbiter (Sims v. State, 137 Ga.App. 264, 223 S.E.2d 468; Crews v. State, 133 Ga.App. 764, 213 S.E.2d 34), and after the verdict has been sustained over a motion for new trial, the evidence should be construed so as to uphold th......