STATE v. ROSSER

No. 8111SC237.

284 S.E.2d 130 (1981)

STATE of North Carolina v. Ward Maxton ROSSER and Robert Edward Backlund.

Court of Appeals of North Carolina.

November 17, 1981.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. William R. Shenton, Raleigh, for the state.

Kirk, Tantum and Hamrick by Andy W. Gay, Wendell, for defendants-appellants.


MORRIS, Chief Judge.

Defendants submit that the convictions should be set aside as inconsistent with the finding of not guilty of possession of marijuana. They allege that without the control element of possession it is impossible to meet the legal definition of manufacturing.

We find no merit in this contention. It is well established in North Carolina that a jury is not required to be consistent and that incongruity alone will not invalidate a verdict. ...

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