STATE v. SILER

No. 46A84.

314 S.E.2d 547 (1984)

310 N.C. 731

STATE of North Carolina v. Richard Raymond SILER, III.

Supreme Court of North Carolina.

April 30, 1984.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by John R.B. Matthis, Sp. Deputy Atty. Gen. and Philip A. Telfer, Asst. Atty. Gen., Raleigh, for the State.

Bruce C. Fraser, Winston-Salem, for defendant-appellant.


BRANCH, Chief Justice.

Defendant's sole contention upon appeal is that the trial judge erroneously failed to charge on the lesser included offenses of misdemeanor possession and felony possession. Defendant points out that the crime of "trafficking," as defined in G.S. 90-95(h)(3)a, requires that a party possess at least 28, but not more than 200, grams of cocaine. Defendant maintains that while there is evidence to support a finding that he "trafficked," i.e....

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