Chews v. State

Although I agree that the charge as given requires reversal in this case, I am compelled nevertheless by what I perceive as continued confusion in this area to elaborate on why the erroneous charge neces*606sitated the reversal here, in hopes of avoiding this problem in future cases.

Decided June 22, 1988. Richard E. Thomas, Harvey D. Harkness, for appellant.

In Lockwood v. State, 257 Ga. 796 (364 SE2d 574) (1988) our Supreme Court reiterated the long established maxim that evidence of actual possession is necessary to uphold a conviction of trafficking in cocaine, and held that a charge to the…