Tolbert v. State

Judge Harold R. Banke.

Warner Tolbert was convicted of trafficking in cocaine. In his sole enumeration on appeal, he maintains that the trial court erred in denying his motion for new trial.

This case arose after Miller Abrams, Tolbert’s co-defendant, took a special agent working undercover with the Georgia Bureau of Investigation to Tolbert’s residence. The agent remained in the car, watching while Abrams and Tolbert walked to a shed in Tolbert’s backyard. Abrams then returned with approximately one ounce of cocaine. During a subsequent transaction, Abrams indicated that he had to obtain the…