GRIMES, J.
The issues in this case are whether an indictment for the sale of a controlled drug must specify the capacity in which defendant is claimed to have acted and whether the failure of the trial judge to give the same jury instruction as in a previous case, when defendant was relying thereon, is cause for a new trial.
The indictment on which defendant was put to trial read in part that he "did knowingly sell a quantity of a controlled drug ... without...
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