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STATE v. BEST

No. 32.

233 S.E.2d 544 (1977)

292 N.C. 294

STATE of North Carolina v. Andrew Arthur BEST.

Supreme Court of North Carolina.

April 14, 1977.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., by Joan H. Byers, Associate Atty., Raleigh, for the State of N. C.

James, Hite, Cavendish & Blount by Marvin Blount, Jr., Greenville, of counsel for defendant-appellant.

HUSKINS, Justice:

The defendant, Dr. Best, was arrested on 26 March 1975, pursuant to a warrant charging him with violation of G.S. 90-95(a)(1). That statute reads in pertinent part as follows:

"(a) Except as authorized by this Article, it is unlawful for any person: (1) To manufacture, sell or deliver. . . a controlled substance;" (Emphasis added.)

Defendant was indicted and convicted under charges that on two occasions...

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