State v. Gooch

CARLTON, Justice.

I

The facts are adequately stated in the Court of Appeals’ opinion. 58 N.C. App. 582, 294 S.E. 2d 13 (1982). It is unnecessary to repeat them here.

Kenneth Earl Gooch, defendant, was tried upon an indictment which read as follows:

The Jurors For The State Upon Their Oath Present that on or about the 30 day of August, 1980, in Durham County Kenneth Earl Gooch unlawfully and wilfully did feloniously possess with intent to sell and deliver a controlled substance 59.9 grams of marijuana which is included in Schedule VI of the North Carolina Controlled Substances Act.

The trial court…