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SCOTT v. HERNANDEZ-CUEVAS

S90A1282.

260 Ga. 466 (1990)

396 S.E.2d 900

SCOTT v. HERNANDEZ-CUEVAS.

Supreme Court of Georgia.

Decided October 18, 1990.

Attorney(s) appearing for the Case

Michael J. Bowers, Attorney General, Newton, Smith, Durden, Kaufold & McIntyre, Massie H. McIntyre, for appellant.

Michael M. Worth, James C. Bonner, Jr., for appellee.

CLARKE, Chief Justice.

The trial court granted this petition for a writ of habeas corpus. The state appeals. We affirm.

Marco Polo Hernandez-Cuevas was convicted of trafficking cocaine. The trial court instructed the jury that it could convict upon evidence of actual or constructive possession of cocaine. At the time of conviction, the Court of Appeals had ruled that evidence of constructive possession was sufficient...

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