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STATE v. ANDERSON

No. 848SC1159.

333 S.E.2d 762 (1985)

STATE of North Carolina v. Jevan ANDERSON.

Court of Appeals of North Carolina.

September 3, 1985.

Attorney(s) appearing for the Case

Atty. Gen. Lacy Thornburg by Asst. Atty. Gen. George W. Lennon, Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defender Robin E. Hudson, Raleigh, for defendant-appellant.

WHICHARD, Judge.

The verdict form on the charge of "trafficking in heroin by selling and delivering" reads as follows: "Guilty of trafficking... by selling or delivering in excess of 4 grams of a mixture containing heroin." (Emphasis supplied in both instances.) Defendant contends that his conviction on this charge cannot stand because use of the disjunctive "or" in the verdict form renders the verdict inherently...

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