Knighton v. State

Marshall, Justice.

In this case, the appellant was convicted of violating the Georgia Controlled Substances Act because of marijuana found by the police in a residence which the appellant was occupying with a female.

Under Code § 53-501, the husband is declared to be head of the household. Based on this, it has been held that when he and his wife reside together, there is a rebuttable presumption that contraband found in the house belongs to the husband. E.g., Jenkins v. State, 51 Ga. App. 95 (179 SE 597) (1935) and cits. Over the appellant’s objection, the trial judge charged the jury that…