McCarthy v. State

Beasley, Judge.

McCarthy was acquitted of violation of the Georgia Controlled Substances Act by selling cocaine and convicted of possessing cocaine with intent to distribute, OCGA § 16-13-30 (b). His motion for new trial was denied.

The evidence is construed so as to uphold the verdict. Thomas v. State, 175 Ga. App. 873, 874 (1) (334 SE2d 903) (1985). Sikes, a Drug Enforcement Administration (DEA) informant, called Jones, whom he had known for approximately one to one-and-a-half years, to arrange to purchase one-half ounce of cocaine. When Jones received the call from Sikes, he called McCarthy.…