Hamlin v. State

Benham, Judge.

Based upon two separate incidents, appellant was convicted of trafficking in cocaine and possession of cocaine with intent to distribute. On appeal he cites as error the trial court’s denial of his motion for a directed verdict of acquittal on the trafficking charge.

Appellant’s motion was premised on an alleged fatal variance between the allegata and probata. The indictment charged appellant “with having committed the olfense of TRAFFICKING IN COCAINE. For that [appellant], on the 9th day of November . . . 1987, at approximately 2:30 p.m., in [Bibb County, Georgia], was then and…