Tate v. State

Quillian, Presiding Judge.

Defendant appeals his conviction for two counts of unlawful sale of heroin in violation of the Georgia Controlled Substances Act. Held:

1. The defendant contends that the state’s witness used to identify the substance sold by defendant "had not been qualified as an expert.” Whether a witness is allowed to testify as an expert is a question for the sound discretion of the trial court and such discretion, unless abused will not be disturbed. Rouse v. Fussell, 106 Ga. App. 259 (4) (126 SE2d 830); Brown v. State, 140 Ga. App. 160, 163 (5) (230 SE2d 128). Generally nothing…