STATE v. BRINKLEY

No. 745SC415.

206 S.E.2d 353 (1974)

22 N.C. App. 339

STATE of North Carolina v. William BRINKLEY.

Court of Appeals of North Carolina.

Certiorari Denied August 30, 1974.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Atty. James Wallace, Jr., Raleigh, for the State.

Charles E. Rice, III, Wilmington, for defendant appellant.


Certiorari Denied by Supreme Court August 30, 1974.

PARKER, Judge.

Appellant first assigns error to the denial of his motion to compel the State to elect to try him either on the charge of possession of heroin or on the charge of sale of heroin. He contends that, the heroin involved in both cases being the same and the only evidence of possession being that shown when the distribution took place, denial of his motion subjected him to double jeopardy and to...

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