State v. Middleton

The defendant was tried and convicted by a jury on charges of possession and sale of a narcotic drug, cocaine, under the pertinent provisions of sections 28-451 to 28-472.06, R. S. Supp., 1969. Said sections have since been repealed and now have been replaced by the Uniform Controlled Substances Act, sections 28-4,115 to 28-4,142, R. S. Supp., 1971. Defendant was sentenced to concurrent terms of 3 to 5 years on each count.

Three issues are raised on appeal: (1) Sufficiency of the evidence to sustain the conviction; (2) refusal to give a requested instruction; and (3) excessiveness of the…