State v. Dougherty

MAUGHAN, Justice:

A jury trial produced a verdict which convicted the defendant of the crime of unlawful distribution for value of a controlled substance, viz., marijuana. Defendant appeals, assigning as error the refusal of the trial court to give an instruction on the lesser included offense of possession of a controlled substance. We affirm the conviction.

The statute upon which defendant relies is 77-33-6, U.C.A.19S3, as amended:

The jury may find the defendant guilty of any offense the commission of which is necessarily included in that with which he is charged in the indictment or…