Tibbs v. State

Smith, Judge.

David Eugene Tibbs was convicted of violation of the Georgia Controlled Substances Act, OCGA §§ 16-13-30 and 16-13-33, and obstruction of an officer, OCGA § 16-10-24 (a). He appeals from the judgments of conviction and sentences entered by the trial court on the jury’s verdicts.

1. Tibbs enumerates as error the failure of the trial court to direct a verdict of acquittal on Count 1 of the indictment. He bases this contention on the variance between the offense charged in the indictment and that actually proved at trial. The indictment alleged obtaining or attempting to obtain…