State v. Bilal

Pope, Judge.

Appellee was convicted by a jury of selling a dangerous drug in contravention of OCGA §§ 16-13-71 and 16-13-72. After trial, appellee made a motion for new trial and/or motion for directed verdict of acquittal notwithstanding the verdict. The trial court, troubled by the fact that the conviction resulted from the retail sale by a clerk of two small bottles labeled “Rush” and “Locker Room” which contained isobutyl nitrate, an isomer of the prohibited drug, butyl nitrate, granted appellee’s motion for judgment notwithstanding the verdict. This was after the trial court denied a…