Goode v. State

Stolz, Judge.

The defendant appeals from his conviction of violation of the Georgia Drug Abuse Control Act by the possession of marijuana. Held:

1. In this case tried before the judge without a jury, the trial judge’s overruling of the defendant’s motion to dismiss made at the close of the state’s evidence, enumerated as error on appeal, was analogous to a refusal to direct a verdict of acquittal, which was not error here because a verdict would not have been demanded as a matter of law. See Munsford v. State, 129 Ga. App. 547 (3) (199 SE2d 843), citing Merino v. State, 230 Ga. 604 (1) (198…