Scott v. State , 178 Ga. App. 222 ( 1986 )

On Motion for Rehearing.

Scott insists in his motion for rehearing that it is “almost inconceivable” that this court viewed Hall’s testimony as favorable to him; and that we have overlooked the “whole thrust” of his appeal and the facts presented showing Hall to be an adverse witness and co-defendant with an antagonistic defense. Scott argues that since his primary defense at trial was that of complete lack of knowledge of any crime, therefore leaving the inference that Hall possessed the cocaine, and Hall’s testimony was that he was an undercover FBI agent, both of them denied possession of the cocaine. In our view, however, Hall’s contention that he was acting on behalf of the FBI does not constitute a denial of possession of the cocaine, but rather an implied admission of its possession for lawful purposes. In any event, both of these premises were rejected by the jury.

Judgment adhered to.