Dye v. State

Carley, Judge.

Appellant was convicted on a two-count indictment which charged him with possession of cocaine and conspiracy to distribute cocaine. He appeals.

1. The first enumeration is that the trial court erred in overruling appellant’s general demurrer to count one of the indictment which set forth the cocaine possession charge. This enumeration is based upon the absence from the indictment of a specific allegation that appellant “knowingly and intentionally” possessed cocaine.

Initially, appellant urges that failure to allege his “knowing and intentional possession” of the drug renders the…