Jackson v. State

Birdsong, Presiding Judge.

Timothy Jackson was convicted in Fulton County for sale of cocaine and for simple battery. On appeal he contends the trial court erred by commenting on the evidence and gave an overbroad definition of simple battery in the charge. Held:

1. The trial court gave this charge: “Cocaine is a controlled substance under Georgia law. Only physicians, dentists, veterinarians or pharmacists are authorized to prescribe and dispense controlled substances; however, an individual such as the defendant is not authorized to sell or disperse any controlled substance.” Appellant…