GARNER v. STATE

A91A0030.

199 Ga. App. 468 (1991)

405 S.E.2d 299

GARNER v. THE STATE.

Court of Appeals of Georgia.

Decided April 1, 1991.


Attorney(s) appearing for the Case

Johnathan Goldberg, Avis K. Hornsby, for appellant.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, Constance C. Russell, Assistant District Attorneys, for appellee.


SOGNIER, Chief Judge.

James Allen Garner was convicted of possession of cocaine with intent to distribute, a violation of OCGA § 16-13-30 (b), and he appeals.

1. Appellant contends the trial court erroneously denied his request to charge on mere presence, which he asserts was his sole defense. "Mere presence at the scene of the crime is not a recognized defense to a criminal charge. Rather, the rule that mere presence without more is insufficient to convict...

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