Chester v. State

McMurray, Presiding Judge.

Defendants Chester and McCoy were charged by indictment with certain violations of the Georgia Controlled Substances Act. Count 1 charged possession of methaqualone. Count 2 charged possession of marijuana. However, Count 3 charged defendant Chester only with possession of oxycodone.

The jury returned a verdict of guilty as to both defendants on Counts 1 and 2. Defendant Chester was acquitted as to Count 3. *11Defendants’ motion for new. trial was filed and denied. Defendants appeal. Held:

1. Relying upon the reasoning of Hayes v. State, 141 Ga. App. 706 (234 SE2d 360);…