Legal Opinion · Dissent

Faison v. State

Court of Appeals of Georgia

Decided March 14, 1991No. A90A2056Published

1DissentBanke, Presiding Judge

1. While the act of selling a drug necessarily implies control or dominion over it, the converse is not true — i.e., possession of a drug does not necessarily imply an intention to sell or distribute it. Rather, such possession may be fully consistent with an intention merely to consume the drug. As indicated by the majority, there was no showing of any factual similarity whatever between the conduct giving rise to the appellant’s prior cocaine possession conviction and the conduct for which he was on trial. Consequently, I fully agree that the trial court erred in admitting the prior…

2Cases cited5 opinions

  1. Johnson v. StateSupreme Court of Georgia · 1976
  2. Williams v. StateSupreme Court of Georgia · 1983
  3. Brown v. StateCourt of Appeals of Georgia · 1987
  4. Whitley v. StateCourt of Appeals of Georgia · 1989
  5. Cross v. StateCourt of Appeals of Georgia · 1990

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