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STATE v. HAMMETTE

No. 8112SC1431.

293 S.E.2d 824 (1982)

STATE of North Carolina v. Rickie M. HAMMETTE.

Court of Appeals of North Carolina.

August 3, 1982.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. G. Criston Windham, Raleigh, for the State.

Vernon F. Daughtridge, Wilson, for defendant-appellant.

CLARK, Judge.

Defendant argues that the trial court erred in instructing the jury that defendant would be guilty of conspiracy if he had entered into an agreement with undercover agent Reagan to sell and deliver the marijuana. The judge instructed the jury on this issue as follows:

"The third element which the State must prove is that the defendant and at least one other person intended that the agreement be carried out at the time it was made.

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