Johnson v. State

OWEN, Judge.

Appellant was convicted of unlawful sale of narcotics under Chapter 398, F.S.1967, F.S.A., and sentenced to fifty years in the state prison for a third conviction. He appeals both the judgment and the sentence.

The information charged appellant with unlawfully selling a narcotic drug on June 3, 1967, and also charged him with two prior convictions of unlawful sale of narcotics (specifically describing the prior convictions).

Appellant’s first point is that the trial court erred in not instructing the jury on the lesser included offense of possession of a narcotic drug. Without…