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Hughes v. State

150 Ga. App. 90 (Ga. Ct. App. 1979)
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Hughes v. State

6 Citing cases

  1. Smith v. State

    361 S.E.2d 215 (Ga. Ct. App. 1987)   Cited 8 times
    In Smith v. State, 184 Ga. App. 304 (361 S.E.2d 215) (1987), this court found, in circumstances in which the dialogue regarding the alternatives of obtaining written consent or procuring a search warrant was substantially like that in the case at bar, that the consent to search was obtained freely and voluntarily.

    We find that Smith's presence, companionship and conduct before and after the discovery of the marijuana in the trunk of the car showed more than his mere presence at the scene of the crime and authorized the trier of fact to find beyond a reasonable doubt that he had at least constructive possession of the marijuana. Accord Hardin v. State, 172 Ga. App. 232 (1) ( 322 S.E.2d 540) (1984); Lang v. State, 171 Ga. App. 368 (1) ( 320 S.E.2d 185) (1984); see also Hughes v. State, 150 Ga. App. 90 ( 256 S.E.2d 634) (1979). Also, under the facts in this case, Smith's reliance on the "equal access" rule is misplaced. Castillo v. State, 166 Ga. App. 817 (2) ( 305 S.E.2d 629) (1983).

  2. White v. State

    331 S.E.2d 72 (Ga. Ct. App. 1985)   Cited 9 times

    The evidence, viewed in the light most favorable to the verdict, was sufficient to enable any rational trior of fact to find beyond a reasonable doubt that appellant was guilty of the offenses charged. Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560) (1979); Bellinger v. State, 171 Ga. App. 143, 144 (1) ( 318 S.E.2d 823) (1984); Hudson v. State, 154 Ga. App. 594 (1) ( 269 S.E.2d 89) (1980); Hughes v. State, 150 Ga. App. 90 ( 256 S.E.2d 634) (1979). 3. Appellant's final enumeration of error is that he was not afforded a timely commitment hearing. It appears that this point was not raised before the trial court, and thus presents nothing for our review.

  3. Hardin v. State

    322 S.E.2d 540 (Ga. Ct. App. 1984)   Cited 6 times

    " Gainey v. State, 161 Ga. App. 343 (2) ( 287 S.E.2d 785) (1982). See also Hughes v. State, 150 Ga. App. 90 ( 256 S.E.2d 634) (1979); Stevens v. State, 158 Ga. App. 656 ( 281 S.E.2d 629) (1981). Appellant further contends that the State did not prove that the quantity of marijuana exceeded 2,000 pounds and that his conviction for violating OCGA § 16-13-31 (c) (2) must be reversed for this reason.

  4. Wright v. State

    302 S.E.2d 706 (Ga. Ct. App. 1983)   Cited 10 times

    A person need not be indicted under § 26-801 before the state may prove his culpability for a crime as a party to that crime. Hughes v. State, 150 Ga. App. 90 ( 256 S.E.2d 634). While it may be better practice to charge conspiracy or parties to a crime in the indictment, the absence of such does not render the indictment fatally defective. Contrary to appellant's assertion, the crime was described with sufficient specificity to apprise both appellant and the jury of the charge against him. Brooks v. State, 141 Ga. App. 725 (1) ( 234 S.E.2d 541).

  5. Hamby v. State

    279 S.E.2d 715 (Ga. Ct. App. 1981)   Cited 16 times

    ]" Bruster v. State, 228 Ga. 651, 652 (3) ( 187 S.E.2d 297) (1972). See also Hughes v. State, 150 Ga. App. 90 ( 256 S.E.2d 634) (1979). 3. Appellant enumerates as error the failure of the trial court to charge without request on the "issue of identification."

  6. Hudson v. State

    269 S.E.2d 89 (Ga. Ct. App. 1980)   Cited 6 times

    In our view, the evidence was such as to exclude every reasonable hypothesis save that of appellant's guilt of the offense charged. See Hughes v. State, 150 Ga. App. 90 ( 256 S.E.2d 634) (1979). 2.