State v. Rechtschaffer

The opinion of the Court was delivered by

Schreiber, J.

The defendant Richard L. Rechtschaffer was indicted on two counts, (1) possession of more than 25 grams of marihuana in violation of N. J. S. A. 24:21-20 a(3) and (2) possession of marihuana with intent to distribute contrary to N. J. S. A. 24:21-19 a(l). During the trial, the court declared a mistrial of the second count, and the proceedings continued. The jury found the defendant guilty of possession. After the defendant’s motion for dismissal of the second count on the ground of double jeopardy was denied, he was found guilty of…