Walden v. State

Sognier, Judge.

Johnny Levon Walden was tried with two co-defendants and convicted of trafficking in cocaine. He appeals from the denial of his motion for new trial.

1. Appellant contends the trial court erred by failing to give his requested charge on the rebuttable presumption that contraband found in a vehicle belongs to the owner and driver, which embodied his sole defense. We agree and reverse.

The evidence established that on June 12, 1988, appellant rode from Florida to Georgia with co-defendants Carl Trimble and Vincent White, the latter of whom is appellant’s nephew, in White’s car.…