Walker v. State

Shulman, Chief Judge.

Appellant was indicted for the possession and sale of marijuana and convicted of the sale count. A mistrial was declared as to the possession count.

1. Appellant filed a special demurrer to the indictment, contending that since the sale of marijuana necessarily includes the possession of marijuana, he could not be tried for both offenses. That argument fails on appeal as it did at trial.

The offenses of possession and sale of marijuana are separate crimes as a matter of law (State v. Estevez, 232 Ga. 316 (206 SE2d 475)), and where, as here, the evidence shows the two…