WILLIAMS v. STATE

66653.

168 Ga. App. 369 (1983)

308 S.E.2d 862

WILLIAMS v. THE STATE.

Court of Appeals of Georgia.

Decided October 11, 1983.


Attorney(s) appearing for the Case

O. Wendell Horne III, for appellant.

John R. Parks, District Attorney, Barbara Anne Kessler, Assistant District Attorney, for appellee.


SHULMAN, Chief Judge.

Appellant was convicted of two counts of selling marijuana in violation of the Georgia Controlled Substances Act. He appeals, contending that the trial court erred in refusing to charge the jury regarding the principle that if two theories of fact exist which are equal in probability, then the one consistent with the defendant's innocence should be the theory accepted as true.

The evidence at trial revealed that appellant had sold marijuana...

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