STATE v. McGEE

No. 7318SC348.

197 S.E.2d 63 (1973)

18 N.C. App. 449

STATE of North Carolina v. Eddie McGEE.

Court of Appeals of North Carolina.

June 13, 1973.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by John M. Silverstein, Associate Atty., Raleigh, for the State.

Schoch, Schoch, Schoch & Schoch by Arch K. Schoch, High Point, for defendant appellant.


BRITT, Judge.

All assignments of error brought forward and argued in defendant's brief relate to the court's instructions to the jury.

Defendant assigns as error the jury instruction applying the presumption created by G.S. § 90-95(f)(3) which provides that the possession of more than five grams of marijuana from which the resin has not been extracted raises a presumption of possession with intent to distribute. Defendant contends that said statute is...

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