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Whipple v. State

Citations

  • 427 S.E.2d 101
  • 207 Ga. App. 131
  • 93 Fulton County D. Rep. 341
  • 1993 Ga. App. LEXIS 96

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • State could not overcome evidence of equal access where nothing other than presumption of possession linked defendant to contraband in vehicle
  • uncontro-verted evidence that noncharged third parties, in addition to the passenger, had access to the vehicle
  • mere presence in car owned and accessed by others insufficient to establish constructive possession of cocaine found in headrest
  • “Where it is established that other persons had equal access to the vehicle, the application of a presumption of possession of any contraband found in it is not a sound, abstract principle of law and is a dangerous rule for the numerous owners of motor vehicles.” (punctuation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Johnson, Parley, Pope

Read full opinion on CourtListener

Cited by

40 cases in this archive cite this case; the 20 most cited are listed.

Cites

5 cases in this archive are cited by this case.

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