STATE v. REESE

No. 7623SC941.

234 S.E.2d 41 (1977)

33 N.C. App. 89

STATE of North Carolina v. Alan W. REESE.

Court of Appeals of North Carolina.

April 20, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Jack Cozort, Raleigh, for the State.

Gregory & Joyce by Dennis R. Joyce, Wilkesboro, for defendant-appellant.


ARNOLD, Judge.

Defendant was found guilty by a jury of felonious possession of ethchlorvynol, a violation of G.S. 90-95(d)(2). We agree with defendant's contention that the trial judge failed to charge the jury on one of the essential elements of the crime charged. Specifically, the jury was not instructed that defendant must have possessed more than 100 ethchlorvynol tablets in order to be guilty of felonious possession of the drug.

Under the terms of G.S...

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