Legal Opinion

Hawkins v. State

Court of Appeals of Georgia

Decided January 13, 1977No. 53284PublishedCited by 5 opinions

1Opinion of the Court

Webb, Judge.

Joseph Hawkins was convicted of possessing more than one ounce of marijuana (Code Ann. §§ 79A-811 (j), 79A-9917), and he now enumerates as error the general grounds of the motion for new trial and the sustaining of an objection to his testimony that he had never smoked a cigarette nor taken a drink of liquor. We affirm.

1. The evidence reveals that Hawkins rented and controlled the room where the marijuana was found, thus authorizing a finding of constructive possession. "In the absence of any circumstances to the contrary, a presumption arises from proof of ownership and control…

2Cases cited3 opinions

  1. Elrod v. StateCourt of Appeals of Georgia · 1973
  2. Huff v. StateCourt of Appeals of Georgia · 1966
  3. Tripcony v. PickettCourt of Appeals of Georgia · 1974

3Cited by5 opinions

  1. Fears v. StateCourt of Appeals of Georgia · 1983
  2. Moore v. StateCourt of Appeals of Georgia · 1980
  3. Thomas v. StateCourt of Appeals of Georgia · 1980
  4. Phillips v. StateCourt of Appeals of Georgia · 1990
  5. Fears v. StateCourt of Appeals of Georgia · 1983

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API