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SMITH v. STATE

A91A1594.

202 Ga. App. 664 (1992)

415 S.E.2d 481

SMITH v. THE STATE.

Court of Appeals of Georgia.

Decided February 3, 1992.

Attorney(s) appearing for the Case

John W. Sherrod, for appellant.

William A. Foster III, District Attorney, Donald N. Wilson, George C. Turner, Jr., Assistant District Attorneys, for appellee.

ANDREWS, Judge.

After being indicted for conspiracy to sell and distribute cocaine in violation of the Georgia Controlled Substances Act (OCGA § 16-13-30), Smith was convicted by a jury of conspiracy to unlawfully sell a non-controlled substance in violation of OCGA § 16-13-30.1. Smith claims his conviction cannot stand because he was not charged with a violation of OCGA § 16-13-30.1 in the indictment,...

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