McNair v. State

Miller, Judge.

A jury found Ollie McNair guilty of possession of cocaine with intent to distribute, tampering with evidence, and obstruction of an officer. McNair appeals, raising four enumerations of error. We affirm.

1. Pursuant to OCGA § 17-7-70.1, the Dougherty County district attorney prosecuted McNair by felony accusation rather than by indictment. Citing OCGA § 17-7-70, McNair claims error in that he did not waive or consent to allow his case to be tried by accusation.

McNair relies upon the wrong Code section. OCGA § 17-7-70.1 authorizes a district attorney to try a case upon accusation…