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STATE v. EVANS

No. A96A1628.

484 S.E.2d 70 (1997)

225 Ga. App. 402

STATE of Georgia v. EVANS et al.

Court of Appeals of Georgia.

March 12, 1997.

Attorney(s) appearing for the Case

Garry T. Moss, District Attorney, Thomas W. Hayes, Atlanta, Gary D. Bergman, Smyrna, for appellant.

Garland, Samuel & Loeb, Donald F. Samuel, Atlanta, for appellees.

POPE, Presiding Judge.

The State filed an in rem forfeiture complaint pursuant to OCGA § 16-13-49 against 5.1 acres of land, including a house, owned by Sara Augusta Evans and James Danny Gaddis. The complaint was filed after police discovered twenty-four marijuana plants growing in a small corner of a garden on the land and ten plants growing in a closet inside the house. In their answer, Evans and Gaddis claimed that the forfeiture of their property would constitute...

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