Allen v. State

Quillian, Judge.

The allegations of the indictment read in part: “With the offense of violation of the Uniform Drug Act for that the said accused in the county aforesaid on the 16th day of January in the year of our Lord 1969, with force and arms and unlawfully did then and there knowingly possess and control marijuana.” The defendant demurred to the indictment on the ground that it charged the defendant with possessing “marijuana” whereas Code Ann. § 79A-802 (Ga. L. 1967, pp. 296, 325) provides that “marihuana” and not “marijuana” is a narcotic drug. The overruling of the demurrer was not…