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BROWN v. THE STATE.
A96A0506.
MCMURRAY, Presiding Judge.
Drug violation. Fannin Superior Court. Before Judge Glazebrook.
Defendant was charged with violating the Georgia Controlled Substances Act by manufacturing marijuana and also misdemeanor possession of marijuana (less than one ounce). He was tried before a jury and found guilty only of manufacturing marijuana. Defendant appeals from the judgment of conviction and sentence entered on the jury's verdict. Held:
In his sole enumeration of error, defendant contends the trial court erred in denying his motion for new trial on the special ground that the trial court "express[ed] an opinion in response to a juror's question after the court recharged the jury," in violation of OCGA 17-8-57.
The transcript shows that, in response to the jury's request for additional instructions, the trial court recharged the jury on the definition of manufacturing marijuana. The following then transpired:
"[JUROR]: I guess the question that came up was . . . if you came to the conclusion that they were aware of it and did nothing about it, is that still considered manufacturing? [THE COURT]: Well, it's your -- the answer to me, that would be yes. I don't know what, if you let people use your property without doing something about it, to grow marijuana or manufacture, that would be -- you have the power to control that; if you don't, then it becomes, you become a party [THE JUROR]: That was the question that came up." The trial court then directly inquired of counsel as to "[a]ny objections to the recharge and to anything I said to the jury during that recharge?" Defense counsel replied, "No objection, your honor."
Grier v. State, 218 Ga. App. 637, 639 (3), 640 (463 SE2d 130). This enumeration presents nothing for review.
Roger G. Queen, District Attorney, William B. Britt, Assistant District Attorney, for appellee.
William L. Reilly, for appellant.
DECIDED MAY 3, 1996 -- RECONSIDERATION DENIED MAY 17, 1996 -- CERT. APPLIED FOR.
Thursday May 21 05:24 EDT


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