Myers v. State
| Decision Date | 22 June 1990 |
| Docket Number | No. A90A0843,A90A0843 |
| Citation | 395 S.E.2d 372,196 Ga.App. 104 |
| Parties | MYERS v. The STATE. |
| Court | Georgia Court of Appeals |
Bennett, Wisenbaker & Bennett, C. Richard Williams, Jr., Michael S. Bennett, Valdosta, for appellant.
H. Lamar Cole, Dist. Atty., Catherine Helms, Asst. Dist. Atty., for appellee.
The appellant was convicted of possessing cocaine and marijuana. He brings this appeal from the denial of his motion for new trial. Held:
1. The appellant contends that the contraband should not have been admitted because the state failed to establish the chain of custody. The forensic chemist who had analyzed the contraband testified at trial that he had briefly entrusted the sealed packages containing the drugs to his laboratory assistant for the purpose of obtaining a description of their contents. While he testified that he had remained in the laboratory with the assistant while she followed these instructions, he conceded that he had not watched her as she did so; and the assistant was not called as a witness at trial. Palmer v. State, 250 Ga. 219(3), 297 S.E.2d 22 (1982). The trial court was authorized to conclude that the state had met its burden with respect to the establishment of the chain of custody in the present case.
2. We reject the appellant's contention that the summary of his in-custody statement which was furnished to him by the state prior to trial in response to his request for discovery made pursuant to OCGA § 17-7-210 was insufficiently complete to satisfy the requirements of that Code section. See generally Lewis v. State, 183 Ga.App. 41, 42, 357 S.E.2d 862 (1987). Consequently, we hold that the trial court did not err in permitting the arresting officer to relate to the jury the contents of the statement.
3. The evidence was amply sufficient to enable a rational trier of fact to find the appellant guilty beyond a reasonable doubt of possession of cocaine and marijuana. See generally Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
4. The appellant's remaining enumerations of error...
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Todd v. State
...the defendant during the trial) it was sufficiently complete to satisfy the requirements of OCGA § 17-7-210. Myers v. State, 196 Ga.App. 104(2), 395 S.E.2d 372 (1990). 7. The defendant moved to exclude evidence of "similar crimes" committed by the defendant in Birmingham. The state responde......
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Thomas v. State
...without more, make the substance or testimony relating to it admissible." (Citation and punctuation omitted.) Myers v. State, 196 Ga.App. 104, 105(1), 395 S.E.2d 372 (1990). We find that the trial court did not abuse its discretion by admitting this evidence because no evidence of tampering......
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Williams v. State, A90A1679
...that the state had met its burden with respect to the establishment of the chain of custody in the present case. Myers v. State, 196 Ga.App. 104, 105, 395 S.E.2d 372. "There being, at most, bare speculation of tampering or substitution, the trial court correctly admitted the cocaine into ev......
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Mathis v. State, A92A0194
...that the state had met its burden with respect to the establishment of the chain of custody in the present case. Myers v. State, 196 Ga.App. 104, 105 (395 SE2d 372). 'There being, at most, bare speculation of tampering or substitution, the trial court correctly admitted the cocaine into evi......