Smith v. State

Banke, Judge.

The defendant was serving a 12-month probated sentence for violation of the Georgia Controlled Substances Act. His probation was revoked for selling $20 worth of marijuana to a GBI agent. He now appeals the revocation on the ground that the state failed to prove by competent evidence that the substance sold was marijuana.

The GBI agent testified that he turned the alleged marijuana over to the state crime lab for analysis. However, the test results were not admitted into evidence, and the trial judge ruled testimony regarding the test findings inadmissible. The trial judge then…