Legal Opinion

McCann v. State

Court of Appeals of Georgia

Decided January 30, 1976No. 51579PublishedCited by 14 opinions

1Opinion of the Court

Webb, Judge.

1. "Merely finding contraband on premises occupied by a defendant is not sufficient to support a conviction if it affirmatively appears from the evidence that persons other than the defendant had equal opportunity to commit the crime.” Gee v. State, 121 Ga. App. 41, 42 (172 SE2d 480). "Neither presence, nor flight, nor both together without more, is conclusive of guilt.” Moreland v. State, 33 Ga. App. 723, 725 (212 SE2d 866) and cits. Accord: M. W. W. v. State, 136 Ga. App. 472 and cits.

2. While the evidence shows that defendant attempted to hide one plastic bag of marijuana…

2Cases cited5 opinions

  1. Gee v. StateCourt of Appeals of Georgia · 1970
  2. Lee v. StateCourt of Appeals of Georgia · 1972
  3. Moreland v. StateCourt of Appeals of Georgia · 1975
  4. MWW v. State of GeorgiaCourt of Appeals of Georgia · 1975
  5. Holt v. Empire Tire & Rubber Co.Court of Appeals of Georgia · 1925

3Cited by14 opinions

  1. Mitchell v. StateCourt of Appeals of Georgia · 1979
  2. Burroughs v. StateCourt of Appeals of Georgia · 1989
  3. Dalton v. StateSupreme Court of Georgia · 1982
  4. Ellis v. StateCourt of Appeals of Georgia · 1982
  5. Thomas v. StateCourt of Appeals of Georgia · 1980

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