STATE v. FRISBY

No. 13833.

245 S.E.2d 622 (1978)

STATE of West Virginia v. Dallas Kent FRISBY.

Supreme Court of Appeals of West Virginia.

June 27, 1978.


Attorney(s) appearing for the Case

Leonard Z. Alpert, Weirton, for appellant.

Edward W. Gardner, Asst. Atty. Gen., Chauncey H. Browning, Jr., Atty. Gen., Charleston, for the State.


NEELY, Justice:

This appeal arises from the conviction of the appellant, Dallas Kent Frisby, for possession of a controlled substance, namely marijuana, with intent to deliver. The appellant assigns three errors: (1) the statute under which the conviction was obtained, W.Va.Code, 60A-4-401(a) [1971] is unconstitutional because it does not set forth definite standards for proving "intent to deliver;" (2) exhibits were introduced which tended to prove another...

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