Goode v. State
| Decision Date | 25 January 1974 |
| Docket Number | No. 2,No. 48964,48964,2 |
| Parties | Andrew J. GOODE v. The STATE |
| Court | Georgia Court of Appeals |
Anthony E. Gilles, Albert M. Horn, Atlanta, for appellant.
Richard Bell, Dist. Atty., Edward H. Kellogg, Jr., Leonard W. Rhodes, Decatur, for appeelee.
Syllabus Opinion by the Court
The defendant appeals from his conviction of violation of the Georgia Drug Abuse Control Act by the possession of marijuana. Held:
1. In this case tried before the judge without a jury, the trial judge's overruling of the defendant's motion to dismiss made at the close of the state's evidence, enumerated as error on appeal, was analogous to a refusal to direct a verdict of acquittal, which was not error here because a verdict would not have been demanded as a matter of law. See Munsford v. State, 129 Ga.App. 547(3), 199 S.E.2d 843, citing Merino v. State, 230 Ga. 604(1), 198 S.E.2d 311.
2. The evidence here is that the defendant and his roommate rented and occupied a house and that a number of other persons 'crashed,' or lived temporarily, there only at irregular intervals. Upon executing the search warrant, at which time no occupants were present in the house, the police officers found on a living room table top a partially burned marijuana cigarette, two bags of marijuana seeds, two plastic bags of marijuana, and a cardboard box apparently being used to dry the marijuana leaves; three or four marijuana plants were found growing in the back yard alongside a fence. The defendant denied knowledge of any marijuana on the premises, either inside or outside, and testified that he had smoked marijuana and 'imagined' he knew what growing marijuana plants looked like.
Reed v. State, 127 Ga.App. 458(1), 194 S.E.2d 121. While this 'equal acess' rule may be applicable with reference to the loose, portable quantities of contraband found inside the house, it is not properly applicable to the marijuana plants growing outside, which require a...
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