State v. Moore

MITCHELL, Justice.

This case calls upon us to determine whether a defendant may be convicted under N.C.G.S. § 90-95(a)(l) for both the sale and the delivery of a controlled substance arising from one transaction. We conclude that a defendant may not be so convicted.

The evidence at trial tended to show that on 16 October 1987 the defendant, Lee Hamilton Moore, sold and delivered five grams of mushrooms containing the hallucinogenic psilocyn to an undercover officer of the Pitt County Sheriff’s Department. Psilocyn is a Schedule I controlled substance under the North Carolina Controlled…