Neal v. State

130 Ga. App. 708 (1974)

204 S.E.2d 451

NEAL

v.

THE STATE.

48664.

Court of Appeals of Georgia.

Submitted October 3, 1973.

Decided January 30, 1974.

Glenn Zell, for appellant.

William H. Ison, District Attorney, J. W. Bradley, for appellee.

CLARK, Judge.

Two questions are presented by this appeal: (1) Do the facts make out a case of "constructive possession" of contraband drugs sufficient to sustain a conviction; and (2) did the trial judge err in charging the jury that the conviction carried with it a sentence of not less than one year? The importance of answering this latter question is shown in the…