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WALKER v. STATE

66281.

168 Ga. App. 130 (1983)

308 S.E.2d 404

WALKER v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied September 23, 1983.

Attorney(s) appearing for the Case

Billy L. Spruell, for appellant.

H. Lamar Cole, District Attorney, James B. Thagard, Assistant District Attorney, for appellee.

SHULMAN, Chief Judge.

Appellant was indicted for the possession and sale of marijuana and convicted of the sale count. A mistrial was declared as to the possession count.

1. Appellant filed a special demurrer to the indictment, contending that since the sale of marijuana necessarily includes the possession of marijuana, he could not be tried for both offenses. That argument fails on appeal as it did at trial.

The offenses of possession and sale of...

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