Lewis v. State

Quillian, Chief Judge.

The defendant appeals his conviction for violation of the Georgia Controlled Substances Act. Held:

The defendant contends the trial court erred in failing to recharge the jury when the jury requested clarification of the original instructions.

After the trial judge instructed the jury, the following request was made by the jury: “We the jury request any information concerning the penalty for this offense, if available. With both counsels’ agreement the trial judge composed the following answer: “That is not a matter for the consideration of the jury.”

Subsequently, when the…