State v. Hermerding

Rees, J.:

Defendant appeals from his ccnvictions for possession of a narcotic drug (K.S.A. 65-4127a) and marijuana (K.S.A. 65-4127b[a][3]).

Recitation of the evidence is unnecessary except as incident to our discussion of the two issues raised on appeal.

The first issue concerns the sufficiency of the evidence to sustain the conviction for possession of a narcotic drug. Defendant contends the trial court erred in holding and instructing the jury that cocaine is a narcotic drug. Insofar as we are here concerned, the statutory definition of a “narcotic drug” is as follows;

“ ‘Narcotic drug’ means…