PLOTTS v. STATE

No. CR 88-81.

759 S.W.2d 793 (1988)

297 Ark. 66

Harvey D. PLOTTS, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

November 14, 1988.


Attorney(s) appearing for the Case

F. Thomas Curry, Arkadelphia, for appellant.

Clint Miller, Asst. Atty. Gen., Little Rock, for appellee.


HOLT, Chief Justice.

The appellant, Harvey Plotts, was convicted of possession of marijuana with intent to deliver and sentenced to ten years imprisonment and a fine of $25,000.00. For reversal he argues that the trial court erred in (1) refusing to grant a directed verdict in that there is insufficient evidence of guilt and (2) refusing to give the jury an instruction on the lesser included offense of simple possession thereby creating an unconstitutional mandatory...

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