Overby v. State

Jordan, Presiding Judge.

The appellant was convicted on two counts of violation of the Georgia Drug Abuse Control Act and sentenced to 2 years imprisonment on each count, and appeals from the overruling of his motion for new trial. Held:

1. We affirm. There was ample evidence to support the jury verdict. On appeal the evidence must be construed most strongly in favor of the verdict.

2. The police officer who purchased two capsules from the defendant could not positively identify the capsules on the trial of the case, except that they were similar to the capsules which he so purchased. On this…