The dissent fairly states the facts, but misconceives the problem, if any. There was a six-count indictment with duplication because of a criminal act on two separate dates. In simple analysis, what the trial court did was to charge in descending order of gravity, the counts of (1) sale, (2) possession with intent to sell, and (3) simple possession. The jury acquitted on the sale counts (for each date) and returned a verdict of guilty on both the possession with intent to...
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