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STATE v. BAXTER

No. 4.

208 S.E.2d 696 (1974)

285 N.C. 735

STATE of North Carolina v. Robert Earl BAXTER, Jr.

Supreme Court of North Carolina.

October 10, 1974.

Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen. and Charles M. Hensey, Asst. Atty. Gen., Raleigh, for the State.

Blackwell M. Brogden, Durham, for defendant.

LAKE, Justice.

There was no error in the denial of the defendant's motion for judgment of nonsuit as to the charge of possession with intent to distribute marijuana. As the defendant concedes in his brief in the Court of Appeals:

"In the case at bar, all of the evidence points inescapably [to the conclusion] that one or both of the defendants had 219 grams of marijuana, if the State's evidence is to be believed. * * * The physical evidence discovered by the...

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