Lucas v. State

Shulman, Chief Judge.

Appellant was found guilty of selling marijuana to an undercover investigator. In his sole enumeration of error, appellant takes issue with the trial court’s failure to instruct the jury that the defendant could not be convicted of the sale of marijuana if he were acting solely as a procuring agent for another.

Appellant’s contention is controlled adversely to him by this court’s decisions in Bailey v. State, 163 Ga. App. 464 (5) (294 SE2d 702); Royal v. State, 158 Ga. App. 405 (3) (280 SE2d 427); and Loder v. State, 140 Ga. App. 166 (2) (230 SE2d 124), vacated in 238 Ga.…