State v. Sammons

Never promise more than you can perform.

■ — Publilius Syrus, First century, B.C.

Defense counsel raises a difficult defense. She asserts, at least as to the second transaction, that the defendant was a thief rather than a drug dealer. Defense counsel challenges the state’s proof that the defendant had the ability to deliver the drugs he was selling. Assuming all facts and inferences favorable to the jury’s verdict, as we must, one might believe that the defendant did not lose his access to illegal drugs in the two hours that intervened between the two charged transactions. One might also…