STATE v. TYNDALL

No. 8110SC602.

284 S.E.2d 575 (1981)

STATE of North Carolina v. James Lloyd TYNDALL.

Court of Appeals of North Carolina.

December 1, 1981.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen., Norma S. Harrell, Raleigh, for the State.

DeMent, Redwine, Askew & Gaskins by Johnny S. Gaskins, Raleigh, for defendant-appellant.


VAUGHN, Judge.

At issue is the construction of G.S. 90-95(h)(3)(a). Defendant contends that the provision does not prohibit the sale of a mixture unless that mixture contains 28 grams of cocaine. We disagree.

Article 5 of Chapter 90 is the North Carolina Controlled Substances Act. It was amended in 1979 to include G.S. 90-95(h). Prior to that time, G.S. 90-95(a) made it unlawful to manufacture, sell or deliver, or possess with the intent to manufacture, sell...

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