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STATE v. McINTYRE

No. 107.

188 S.E.2d 304 (1972)

281 N.C. 304

STATE of North Carolina v. Jack Arnold McINTYRE.

Supreme Court of North Carolina.

May 10, 1972.

Attorney(s) appearing for the Case

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

John C. B. Regan, III, Lumberton, for defendant appellee.

SHARP, Justice:

The one question presented is whether defendant's possession of marihuana on 21 March 1971 is punishable as a felony under G.S. § 90-111 (Supp.1969) or as a misdemeanor under G.S. § 90-95(e) (Supp. 1971). The question was decisively answered by our decision in State v. Harvey, 281 N.C. 1, 187 S.E.2d 706: Defendant's crime is punishable as a felony.

In Harvey,<...

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