HAYS, Justice.
By this appeal, appellant urges that we hold as a matter of law that possession is not a lesser included offense to delivery of a controlled substance. We decline to make that holding.
Michael Glover was charged with delivery of heroin in violation of Act 590 of 1971, as amended. He was convicted and sentenced to 30 years in prison. A motion for a new trial was granted on undisclosed grounds. At the second trial the State offered the testimony...
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