143 Ga. App. 180 | Ga. Ct. App. | 1977
Appellant was convicted of aggravated assault, possession of cocaine and possession of marijuana. He appeals the conviction for the drug charges on the general grounds and appeals the denial of his motion for new trial which was based on an allegation of ineffective assistance of counsel. We affirm.
1. The enumeration of error claiming that the evidence was insufficient to convict the appellant of the two drug charges is without merit. He cites Reed v. State, 127 Ga. App. 458 (194 SE2d 121) for the proposition that the presumption that contraband found in a house is possessed by the head of the household does not apply where other persons not members of the household live there and have equal access to the home. That case is inapposite to the present one. The evidence did not show that others lived with appellant. On the contrary, it showed that appellant rented the apartment in which he was arrested, and lived there alone. The two persons who were present when appellant was arrested testified that he had been there but a few hours. The evidence was more than sufficient to support appellant’s conviction on both drug charges.
2. Appellant’s present counsel argues vehemently that his predecessor was so derelict in the performance of his duties that it amounted to sleeping through the trial and permitting "the hangman to measure the noose around his client’s neck without objection.” A thorough review of the record and the transcript of the trial convinces us that the attack on appellant’s trial counsel is without merit and unwarranted. The language of our Supreme Court in Hart v. State, 227 Ga. 171 (10) (179
Judgment affirmed.