State v. Beard

OPINION

F. LLOYD TATUM, Special Judge.

The defendant, Morris Beard, and his wife, Melinda Beard, were indicted for possession of more than one-half ounce and *377less than ten pounds of marijuana with intent to sell, conspiracy to sell marijuana, and the sale and delivery of marijuana.

The defendant, Morris Beard, filed a pretrial motion to require the State to elect between the possession count of the indictment and the sale count of the indictment. The Trial Court overruled this motion during trial.

After the State rested, the Trial Court granted Melinda Beard’s motion for a judgment of acquittal…