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STATE v. PHILLIPS

No. 8724SC722.

364 S.E.2d 196 (1988)

STATE of North Carolina v. Travis Osborne PHILLIPS.

Court of Appeals of North Carolina.

February 2, 1988.

Attorney(s) appearing for the Case

Attorney General Lacy H. Thornburg by Sp. Deputy Atty. Gen., Charles J. Murray, Raleigh, for the State.

Appellate Defender Malcolm Ray Hunter, Jr. by Asst. Appellate Defender Louis D. Bilionis, Raleigh, for defendant-appellant.

ARNOLD, Judge.

Defendant first contends that the State failed to prove a crime under G.S. 14-401.11(a)(2) because coffee is not a "food or eatable substance." We disagree.

G.S. 14-401.11(a) states that

It shall be unlawful for any person to knowingly distribute, sell, give away or otherwise cause to be placed in a position of human accessibility, any food or eatable substance which that person knows to contain: * * * * * *

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