State v. Esham

TAYLOR, Judge.

Defendant was found guilty on May 7, 1973 of possession of a dangerous drug with intent to sell, to wit, marijuana. The date charged for that offense was September 28, 1972. At the trial on that charge, the prosecution, in support of the charge of intent to sell, introduced evidence that defendant had sold one ounce of marijuana to a police undercover agent on September 14, 1972. Subsequent to defendant’s conviction for possession with intent to sell on September 28, 1972, defendant was indicted for the alleged sale on September 14, 1972, the present charge.

Defendant has moved…