STATE v. INGRAM

No. 11831.

610 S.W.2d 395 (1980)

STATE of Missouri, Plaintiff-Respondent, v. Wally INGRAM, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

December 29, 1980.


Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Mark W. Comley, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Albert Crump, Jr., Rolla, for defendant-appellant.


PREWITT, Presiding Judge.

Defendant was convicted of selling marijuana and sentenced to 5 years imprisonment. He contends that the trial court erred in refusing to submit to the jury an instruction on "delivery or distribution" of marijuana because it is a lesser included offense of selling marijuana.

The state's evidence of the sale was from an "undercover" highway patrolman who testified that he purchased marijuana from defendant in a bar in Rolla, Missouri...

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