1. The affidavit in support of the application for search warrant was sworn to on November 26,1980, and attests that during that week the affiant received information from the informant “that cocaine and Quaaludes are presently stored at the residence belonging to” the defendant and her husband. This is a sufficient factual time averment to prevent the sustaining of a motion to suppress evidence. It is not necessary that the precise date of the act be given “but it
2. At the close of the state’s concluding argument, defendant’s counsel moved for a mistrial on the basis of prejudicial statements not based on evidence. The take-down of the argument runs to over 30 pages. We have considered eight phrases or sentences argued in the brief as error, only three of which were objected to at the trial. These, briefly, were a comparison of drugs to snake’s venom, “comments as to this leading to this, that and murder” and a statement that the search warrant had on it the names of both the defendant and her coindictee husband. The case was well and thoroughly tried, and these statements, even if close to the edge, do not in context warrant the grant of a new trial.
3. The trial judge charged Code § 26-604: “A person of sound mind and discretion is presumed to intend the natural and probable consequences of his acts, but the presumption may be rebutted.” A charge in this language is not burden shifting. Gatlin v. State, 236 Ga. 707 (6) (225 SE2d 224) (1976). The court further instructed the jurors that intent is a jury question and may be shown in many ways, inferred from the proven circumstances, or by acts and conduct, or presumed when it is the natural and necessary consequence of the act. This language is somewhat analogous to Code § 26-605. Where it
4. A police officer testified that during the summer he received information about the defendant and her husband which led to surveillance of their residence from that time until they obtained the warrant which authorized the Thanksgiving Day search. Such testimony, although hearsay, is admissible to explain conduct. Code § 38-302.
Judgment affirmed.