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STATE v. CURL

No. 7813SC352.

249 S.E.2d 458 (1978)

39 N.C. App. 73

STATE of North Carolina v. J. B. CURL. STATE of North Carolina v. Roger Dean BOOTH.

Court of Appeals of North Carolina.

December 5, 1978.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Christopher P. Brewer, Raleigh, for the State.

Ray H. Walton and Elva L. Jess, Southport, for defendants-appellants.

WEBB, Judge.

The defendants' first assignment of error pertains to the charge. As to possession with intent to sell, the court charged as follows:

"Members of the jury, I charge that if you find from the evidence beyond a reasonable doubt that on or about June 13, 1977, J. B. Curl and Roger Booth knowingly possessed phencyclidine and intended to sell phencyclidine it would be your duty to return a verdict of guilty of possessing phencyclidine with intent...

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