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McCANN v. STATE

51579.

137 Ga. App. 445 (1976)

224 S.E.2d 99

McCANN v. THE STATE.

Court of Appeals of Georgia.

Decided January 30, 1976.

Attorney(s) appearing for the Case

Ken Gordon, for appellant.

William F. Lee, Jr., District Attorney, Robert H. Sullivan, Assistant District Attorney, for appellee.

WEBB, Judge.

1. "Merely finding contraband on premises occupied by a defendant is not sufficient to support a conviction if it affirmatively appears from the evidence that persons other than the defendant had equal opportunity to commit the crime." Gee v. State, 121 Ga.App. 41, 42 (172 S.E.2d 480). "Neither presence, nor flight, nor both together without more, is conclusive of guilt....

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