Smith v. State

Pope, Judge.

The defendant was indicted and convicted of two counts of selling marijuana to undercover agents who were investigating a “drug problem” at the construction site of the Vogtle Nuclear Power Plant.

1. On appeal the defendant claims the trial court erred in denying his motion to quash the indictment for its failure to include the state and county of his residence. “Although the form of the indictment prescribed in [Code Ann. § 27-701] contains an averment of residence of the defendant, the omission of such averment in an indictment will not be ground for quashing the indictment. . .…