Jarrard v. State, 63899
| Court | United States Court of Appeals (Georgia) |
| Citation | 163 Ga.App. 99,292 S.E.2d 488 |
| Docket Number | No. 63899,63899 |
| Parties | JARRARD v. The STATE. |
| Decision Date | 18 June 1982 |
Page 488
v.
The STATE.
Page 489
[163 Ga.App. 102] Michael C. Garrett, Augusta, for appellant.
Bill Lumpkin, Asst. Dist. Atty., Sam B. Schley, Jr., Dist. Atty., Charles R. Sheppard, Asst. Dist. Atty., Augusta, for appellee.
BIRDSONG, Judge.
Chester Jarrard was convicted in three counts of a violation of the Georgia Controlled Substances Act and sentenced to three concurrent ten year terms, five to be served followed by five years on probation. Jarrard brings this appeal enumerating three alleged errors. Held :
1. Jarrard complains that the trial court erred in denying a motion for a directed verdict of not guilty at the conclusion of the state's evidence.
Under the evidence, the jury was warranted in concluding that on October 14, 1980, a United States Marshal went to the residence occupied by Jarrard, his wife and one boarder to serve a bench warrant calling for Jarrard's arrest for failure to appear at a trial. Upon entering the house, the marshal observed in plain view numerous items of contraband (i.e., water pipes for use in smoking [163 Ga.App. 100] marijuana, "roaches" in the fireplace, and other items of a like character.) The marshal notified county authorities. It was established that the house was known to the authorities, that Jarrard was one of the known residents, and that Jarrard had been observed entering and leaving the premises on many occasions. When the county authorities arrived, a search of the premises uncovered a box containing marijuana seeds in the hall downstairs, and in the room occupied by Jarrard and his wife, a man's sock in which was found a quantity of methamphetamine and a small medicine vial upon which appeared appellant's name in which was found a quantity of quaalude (methaqualone).
Under such evidence, the jury was warranted in concluding that the methaqualone and methamphetamine found in Jarrard's room, the former in a sock used by a man and the latter in a bottle containing
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his name as sufficiently connected to him to warrant a conclusion that Jarrard was the possessor thereof or at least a joint possessor with the other occupant of that room, his wife. There was no evidence that any other person had access to the room or its contents. As to the marijuana seeds, though they were found in a common area of the house, there was evidence that Jarrard smoked marijuana in the house and more particularly in pipes which Jarrard conceded belonged to him. At the minimum, such evidence logically established that Jarrard was a joint possessor with the other residents of the items...To continue reading
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