State v. Morgan

HENRIOD, Justice:

Appeal from an order of the trial court, resentencing defendant to a lesser penalty in a possession of narcotics case. Reversed.

Morgan was convicted and sentenced by trial Judge S for aiding and abetting in the possession by his wife, the principal, of a controlled substance for distribution. 1 He appealed to this court. While the appeal still was pending, his wife was faced with the same offense, was tried and convicted by a jury of mere possession of such a substance, — a lesser offense. Still during the pendency of the appeal, the defendant filed a habeas corpus proceeding…