Mize v. State

Carley, Judge.

Appellant was tried before a jury and convicted of selling marijuana in violation of the Georgia Controlled Substances Act. He appeals.

1. Appellant enumerates as error the trial court’s failure to give a requested charge with reference to the principle that the testimony of an unimpeached witness, where there is no other testimony or evidence in conflict, cannot arbitrarily be disregarded. The requested charge has been held to state a sound principle of law. See Matthews v. Blanos, 201 Ga. 549, 567 (40 SE2d 715) (1946). However, it was not authorized by the evidence in the…