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Lawskills.com Georgia Caselaw
CREWS v. THE STATE.
49964.
DEEN, Presiding Judge.
Drug violation. Muscogee Superior Court. Before Judge Land.
1. A police officer who, after receiving information from an informer that the defendant is illegally selling amphetamines, arranges with such third person to meet the defendant, and thereafter offers to and does purchase the drug from him for the purpose of obtaining evidence, is not an accomplice. Marshall v. State, 98 Ga. App. 429 (105 SE2d 748); Yeomans v. State, 229 Ga. 488 (192 SE2d 362).
2. The crime of illegally selling drugs is not one of those listed in Code 38-121, which would require the testimony of a second witness to support a conviction.
Harrell v. State, 69 Ga. App. 482 (1) (26 SE2d 151). "It is the province of the jury, and theirs alone, when considering conflicting evidence and statements of defendants, to decide what evidence to believe or disbelieve." Locey v. State, 74 Ga. App. 447, 448 (39 SE2d 763). The evidence is not insufficient merely because neither side has a numerical superiority of witnesses.
E. Mullins Whisnant, District Attorney, J. Gray Conger, Assistant District Attorney, for appellee.
Jay Wm. Fitt, for appellant.
SUBMITTED JANUARY 13, 1975 -- DECIDED JANUARY 22, 1975.
Friday May 22 09:56 EDT


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