Bryan v. State

Shulman, Presiding Judge.

Defendant appeals his conviction of a violation of the Georgia Controlled Substances Act (Code Ann. Ch. 79A-8, Ga.L. 1974, p. 221 et seq.), unlawful possession of diazepam tablets (hereinafter “Valium”), a controlled substance. For the reason set forth in Division 3, we reverse.

1. We reject appellant’s contentions of error on the general grounds. Even assuming that appellant did present undisputed evidence that he was lawfully in possession of 20 of the 24 Valium tablets (those 20 being the product of a valid prescription), the evidence was conflicting on the…