Summerour v. State

Evans, Judge.

Defendant was indicted on four counts for possession and sale of narcotics (heroin). Count 1 charged him with possession on May 15, 1974, and Count 2 charged him with sale on May 15, 1974. Count 3 charged him with possession on May 17, 1974, and Count 4 charged him with sale on May 17, 1974.

When the jury returned they read a verdict which *44purported to convict defendant on all four counts. The trial judge would not receive the verdict, but instructed the jury to return for further deliberation; and he meticulously and carefully charged them that a conviction could not be had on…