Greeson v. State

Full title: GREESON et al. v. THE STATE

Court: Court of Appeals of Georgia

Date published: Oct 4, 1976

229 S.E.2d 547 (Ga. Ct. App. 1976)

139 Ga. App. 767

Opinion

52080.

ARGUED APRIL 8, 1976.

DECIDED OCTOBER 4, 1976.

Drug violation. Gordon Superior Court. Before Judge Davis.

Garland, Nuckolls Kadish, John A. Nuckolls, for appellant.

David N. Vaughan, Jr., District Attorney, for appellee.

McMURRAY, Judge.

The Supreme Court of Georgia in State v. Greeson, 237 Ga. 193 (1), having reversed this court in its ruling in Division 3 reported in Greeson v. State, 138 Ga. App. 572 (3) ( 226 S.E.2d 769), that portion of the opinion is stricken in its entirety. The Supreme Court holds that the construction placed upon Spaulding v. State, 232 Ga. 411, 413 (4) ( 207 S.E.2d 43) was not properly followed. The instruction complained of was within the parameters of Spaulding, and there is no merit in enumeration of error no. 3.

But the Supreme Court also affirmed the judgment of reversal for the reason stated in Division 4 of our opinion. Accordingly, the judgment of reversal still stands.

Judgment reversed. Marshall and Smith, JJ., concur.

McMURRAY, Judge.

ARGUED APRIL 8, 1976 — DECIDED OCTOBER 4, 1976.