Legal Opinion

Partain v. State

Supreme Court of Georgia

Decided January 4, 1977No. 31558PublishedCited by 19 opinions

1Opinion of the Court

Hall, Justice.

The court granted certiorari in this case to determine whether evidence of a positive laboratory test showing that a substance was an illegal drug is admissible where the defendant has no opportunity to make an independent test. The Court of Appeals (139 Ga. App. 325 (228 SE2d 292) (1976)) held that this evidence was admissible based on its decision in Patterson v. State, 138 Ga. App. 290 (226 SE2d 115) (1976).

The evidence shows that the appellant’s apartment was searched by the GBI pursuant to a search warrant. The agents found a pair of scales with a white residue on the metal…

2Cases cited4 opinions

  1. Patterson v. StateSupreme Court of Georgia · 1977
  2. State v. CloutierSupreme Judicial Court of Maine · 1973
  3. Patterson v. StateCourt of Appeals of Georgia · 1976
  4. Partain v. StateCourt of Appeals of Georgia · 1976

3Cited by19 opinions

  1. Baker v. StateSupreme Court of Georgia · 1982
  2. Rogers v. StateCourt of Appeals of Georgia · 1980
  3. Smith v. StateSupreme Court of Georgia · 1998
  4. State v. HerreraDistrict Court of Appeal of Florida · 1978
  5. State v. BruceSouth Dakota Supreme Court · 2011

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