Cline v. State

In this appeal we reverse the trial court’s denial of a motion for a judgment of acquittal on the charge of possession of a controlled substance with intent to deliver. During its case in chief, the State presented evidence only of the amount and packaging of the drugs the defendant possessed as well as defendant’s flight from apprehension. We are asked to consider whether this constitutes sufficient evidence of intent to deliver to survive a motion for judgment of acquittal. We decide that it does not.

Background

On August 23, 1997, Corporal Ralph S. Hale of the Wilmington Police Department…