Smith v. State

McMurray, Chief Judge.

Defendant was convicted of three counts of violation of the Georgia Controlled Substances Act (unlawful distribution of more than one ounce of marijuana; unlawful distribution of methaqualone; and, unlawful possession with intent to distribute methaqualone). Following the denial of his motion for new trial, defendant appeals. Held:

At the time defendant was indicted he was a high ranking officer in the sheriff’s office of Fulton County, Georgia. His defense here is based upon a theory to the effect that at the time of his arrest he was engaged in an investigation to…