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State v. Luster

Georgia Court of Appeals
419 S.E.2d 32 (1992)


Facts

Darla Luster (defendant) gave birth to her daughter on March 3, 1991. The following day, Luster tested positive for cocaine metabolites. The State of Georgia (plaintiff) charged Luster with possession of cocaine and delivering and distributing cocaine to her daughter. Luster moved to dismiss the delivering and distributing charge, arguing that the statute did not apply to the transmission of cocaine metabolites from a mother to a fetus. The trial court granted the motion, and the state appealed.

Rule of Law

Issue

Holding and Reasoning (Sognier, C.J.)

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