BURGESS v. STATE

A92A0299.

204 Ga. App. 766 (1992)

420 S.E.2d 590

BURGESS v. THE STATE.

Court of Appeals of Georgia.

Reconsideration Denied July 2, 1992.


Attorney(s) appearing for the Case

Murphy, Murphy & Garner, Stephen E. Garner, for appellant.

William A. Foster III, District Attorney, Jeffrey L. Ballew, Assistant District Attorney, for appellee.


ANDREWS, Judge.

Ronald Burgess was indicted and convicted for selling and distributing a noncontrolled substance representing it to be a controlled substance and for attempting to elude a police officer and appeals. Evidence at trial was that Burgess sold a substance which he represented to be methamphetamine ("crank") to an undercover agent. The substance was not methamphetamine, but was a mixture containing niacinamide, a vitamin, and a decongestant.

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