STATE v. McINTYRE

No. 7216SC76.

186 S.E.2d 207 (1972)

13 N.C. App. 479

STATE of North Carolina v. Jack Arnold McINTYRE.

Court of Appeals of North Carolina.

Certiorari Allowed March 7, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Associate Atty. Gen. Henry E. Poole for the State.

John C. B. Regan, III, Lumberton, for defendant-appellant.


Certiorari Allowed by Supreme Court March 7, 1972.

MALLARD, Chief Judge.

The defendant contends that the trial judge committed error in failing to charge the jury on the lesser included offense of possession of one gram or less of marijuana. (G.S. § 90-111, before being rewritten effective 1 January 1972.) All the evidence for the State tended to show that the defendant had in his possession more than one gram of marijuana. The defendant's evidence tended...

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