STATE v. BROWN

No. 776SC993.

242 S.E.2d 890 (1978)

STATE of North Carolina v. Jessie BROWN.

Court of Appeals of North Carolina.

April 18, 1978.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Sandra M. King, Raleigh, for the State.

Ralph G. Willey, III, and Carter W. Jones, Ahoskie, for defendant appellant.


PARKER, Judge.

Both charges arose out of a single transaction, and defendant contends that the court erred when it entered judgment on the charge of sale of marijuana after declaring a mistrial on the charge of possession of marijuana with intent to sell. He contends that under the evidence he was either guilty of both offenses or not guilty of both, and that the jury could not logically find him guilty of the offense of sale of marijuana unless it also found that...

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