Evans v. the State

ELLINGTON, Presiding Judge.

Following a jury trial, Nicholas Evans was convicted of possession of codeine, OCGA § 16-13-30 (a), and possession of less than one ounce of marijuana, OCGA § 16-13-30 (j). Evans argues on appeal that the trial court erred in (i) denying his motion for a directed verdict of acquittal, (ii) instructing the jury that it is unlawful to possess any quantity of codeine, (iii) refusing his request to charge the jury on “Schedule V” codeine, and (iv) denying his motion to dismiss the indictment. He also contends that because the State failed to timely produce the chemist’s…