STATE v. PARKS

No. 13747.

243 S.E.2d 848 (1978)

STATE of West Virginia v. William Harvey PARKS.

Supreme Court of Appeals of West Virginia.

May 2, 1978.


Attorney(s) appearing for the Case

Edmund D. Wells, Jr., Bluefield (now deceased), for plaintiff in error.

Chauncey H. Browning, Jr., Atty. Gen., Richard L. Gottlieb, Asst. Atty. Gen., Charleston, for defendant in error.


MILLER, Justice:

Defendant, William Harvey Parks, appeals from his misdemeanor conviction of possession of less than 15 grams of marijuana. The main error urged is that the indictment and State's Instruction E, a binding instruction, both define the crime of possession without including the element of intent. The statute in question, W.Va. Code, 60A-4-401(c), provides in material part:

"It is unlawful for any person...

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