Johnston v. The State., 178 Ga. App. 219, 342 S.E.2d 706 (1986)
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Judgment affirmed. Banke, C. J., and Benham, J., concur.
Summary
Judgment affirmed. Banke, C. J., and Benham, J., concur.
Text
Paul J. Stalcup, for appellant.
Defendant appeals from his conviction of two counts of violation of the Georgia Controlled Substances Act (possession of methaqualone with intent to distribute and possession of more than one ounce of marijuana). Held:
1. The State's evidence shows that on June 1, 1982, defendant leased a mini-warehouse. At that time defendant paid the rent for June and a deposit. (The deposit, equivalent to a month's rent could be, and often was, applied as the last month's rent. Apparently, the deposit was automatically applied as rent in the absence of contrary instructions.) On July 24, 1982, defendant's check for a month's rent was received and applied as rent for July. No further payments were received from defendant, so that, with application of the deposit, rent was paid through August.
The mini-warehouse facility was the site of frequent break-ins. On the morning of August 16, 1982, the manager of the facility discovered that there had been break-ins of 15-20 units including the mini-warehouse leased by defendant. In order to inspect the premises, the manager of the facility entered the mini-warehouse leased to defendant and found the contraband which is the basis of the charges against defendant.
Upon being summoned by the manager, police found, in the mini-warehouse, 21 plastic bags containing approximately 300,000 counterfeit Quaalude pills (methaqualone) and a quantity of hashish (marijuana). On a cardboard box next to the bags of pills was a credit card receipt imprinted with defendant's credit card, signed by defendant and dated June 4, 1982. Various other items including a quantity of insulation, wooden crates and a green army duffel bag were also found in the mini-warehouse.
The police established surveillance of defendant's house and of the mini-warehouse without results. The police investigation revealed no evidence as to when the contraband was placed in the mini-warehouse or indeed whether or not the defendant ever went into the mini-warehouse. Thus, the State's case is predicated in its entirety upon the evidence that defendant leased the mini-warehouse.
All of these items were removed in mid-July and at that time he had given the only key to the space to an ex-brother-in-law who had asked to store some of his personal things there. Defendant testified that he did not return to the mini-warehouse after giving the key to his ex-brother-in-law.
Defendant contends the trial court erred in denying his motions for directed verdict at the close of the State's evidence and at the close of all the evidence. Generally, where a person is the lessee of premises the jury is permitted to presume that such person is in possession of the entire premises and all property therein although "this is a rebuttable presumption and may be overcome by evidence in the case that others had access to the premises." Knighton v. State,
On appeal this court is bound to construe the evidence so as to uphold the jury's verdict. Rhodes v. State,
The evidence was sufficient to enable any rational trier of fact to find defendant guilty beyond a reasonable doubt of the offenses charged. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560); Osteen v. State,
2. Defendant enumerates as error the trial court's refusal to admit into evidence two of his exhibits, the cancelled checks of defendant's checking account for 1982 and defendant's bank statements for 1982 from the same bank. "The trial court has broad discretion as to admitting or excluding proffered evidence. Baker v. State,
3. Defendant's next eight enumerations of error suggest various errors and omissions in the trial court's charge to the jury. The first three of these enumerations suggest error in the charge given. There was no error in the charge as to the State's burden of proof, the charge on actual possession was authorized by the evidence and there was no error in the charge on constructive possession.
Five of the enumerations deal with the trial court's refusal to give defendant's requested charges. Four of these are governed by the rule that the trial court has no duty to give requested instructions in the exact language requested, when the same matter is fairly, accurately, and adequately covered elsewhere in the charge as a whole.
Finally, there was no error in failing to charge the jury on the best evidence rule (OCGA
4. Defendant's remaining enumeration of error complains of the State's withholding evidence in violation of Brady v. Maryland, 373 U. S. 83 (83 SC 1194, 10 LE2d 215). First, there clearly is no violation of Brady. Secondly, the substance of defendant's argument is that the State is guilty of two acts of misconduct.
First, a ledger sheet was maintained by the mini-warehouse in connection with defendant's lease. When introduced at trial the ledger sheet shows the imprint of a rubber stamp upon which certain blanks were filled in to show that defendant had "skipped" and was dated "
The second alleged item of misconduct is predicated entirely on actual assertions appearing only in defendant's brief and not in the record of the case. Defendant thus fails in his burden to show any asserted error affirmatively by the record. Holzmeister v. State,
Lewis R. Slaton, District Attorney, Joseph J. Drolet, Margaret V. Lines, Paul L. Howard, Jr., Benjamin H. Oehlert III, Assistant District Attorneys, for appellee.
1986
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This document cites
- Supreme Court of Georgia - HUMPHREY v. THE STATE., 252 Ga. 525, 314 S.E.2.d 436 (1984)
- Supreme Court of Georgia - KNIGHTON v. THE STATE., 248 Ga. 199, 282 S.E.2.d 102 (1981)
- Supreme Court of Georgia - BAKER v. THE STATE., 246 Ga. 317, 271 S.E.2.d 360 (1980)
- Supreme Court of Georgia - SPROUSE v. THE STATE., 242 Ga. 831, 252 S.E.2.d 173 (1978)
- Supreme Court of Georgia - JOHNSON v. THE STATE., 238 Ga. 59, 230 S.E.2.d 869 (1976)
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