ELROD v. STATE

No. A04A0994.

603 S.E.2d 512 (2004)

269 Ga. App. 112

ELROD v. The STATE.

Court of Appeals of Georgia.

August 12, 2004.


Attorney(s) appearing for the Case

Lindsay Bennett, The Bennett Law Firm, Rossville, for appellant.

Herbert Franklin, District Attorney, Bruce Roberts, Assistant District Attorney, for appellee.


ADAMS, Judge.

Glenn Elrod was convicted by a jury of trafficking in amphetamine. He appeals following the denial of his motion for new trial.

1. Elrod first challenges the sufficiency of the evidence, arguing that the State failed to prove that he was in possession of more than 28 grams of amphetamine as charged in the indictment. We agree and reverse.

Pursuant to OCGA § 16-13-31(e), "[a]ny person who knowingly sells, delivers, or brings into...

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