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STATE v. SAUNDERS

No. 771SC720.

241 S.E.2d 351 (1978)

35 N.C. App. 359

STATE of North Carolina v. Stanley Eugene SAUNDERS.

Court of Appeals of North Carolina.

February 21, 1978.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Rebecca R. Bevacqua, Raleigh, for the State.

Twiford, Trimpi & Thompson by John G. Trimpi, Elizabeth City, for defendant-appellant.

MORRIS, Judge.

We first consider defendant's contention that the crime of possession of marijuana with intent to sell and deliver is a lesser included offense of sale and delivery of marijuana by a person 18 years or older to a person under 16 years of age. Defendant accurately points out that, by its very terms, a violation of G.S. 90-95(e)(5) (delivery of a controlled substance by a person 18 years of age or over to a...

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