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WILLIAMS v. STATE

48674.

130 Ga. App. 418 (1973)

203 S.E.2d 627

WILLIAMS v. THE STATE.

Court of Appeals of Georgia.

Decided November 28, 1973.

Rehearing Denied December 11, 1973.

Attorney(s) appearing for the Case

Grogan, Jones & Layfield, John C. Swearingen, Jr., for appellant.

E. Mullins Whisnant, District Attorney, for appellee.

BELL, Chief Judge.

Defendant was convicted of three counts of selling narcotics (heroin). Each count alleged a separate sale date, January 2, 3 and 15, 1973, respectively. The state's evidence clearly establishes the sales on each alleged date, and none other. After returning a verdict of guilty as to each count, the court charged the jury that: "... any person who ... sells ... any Narcotic Drug shall be guilty of a felony, and upon the first conviction thereof shall...

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