STATE v. CLARK

No. 8311SC1329.

322 S.E.2d 176 (1984)

STATE of North Carolina v. Samuel J. CLARK, Jr.

Court of Appeals of North Carolina.

November 6, 1984.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. Myron C. Banks, Raleigh, for the State.

Mast, Tew, Armstrong & Morris, P.A. by George B. Mast and John W. Morris, Smithfield, for defendant.


WELLS, Judge.

Defendant's primary assignments of error are that the trial court (1) failed to hold a jury instruction conference, (2) refused to instruct the jury on the charge of possession of a controlled substance as a lesser included offense of sale and delivery, and (3) incorrectly defined constructive possession to the jury. We find the trial court erred in failing to conduct an instruction conference and instructing the jury and submitting a verdict form that...

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