OGLESBY v. STATE

53257.

141 Ga. App. 206 (1977)

233 S.E.2d 52

OGLESBY v. THE STATE.

Court of Appeals of Georgia.

Decided February 7, 1977.


Attorney(s) appearing for the Case

Archie L. Gleason, for appellant.

Richard E. Allen, District Attorney, Evita A. Paschall, Assistant District Attorney, for appellee.


McMURRAY, Judge.

Defendant was convicted in two counts of selling marijuana on two separate occasions. He was sentenced to serve three years on each count consecutively. On appeal, error is enumerated because the court erred in allowing the conviction to stand since there was an alleged fatal variance in the allegata and the probata. Held:

The basis of this complaint is the testimony of an undercover agent who sought to purchase marijuana from the defendant...

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