State v. Frisby

Neely, Justice:

This appeal arises from the conviction of the appellant, Dallas Kent Frisby, for possession of a controlled substance, namely marijuana, with intent to deliver. The appellant assigns three errors: (1) the statute under which the conviction was obtained, W.Va. Code, 60A-4-401(a) [1971] is unconstitutional because it does not set forth definite standards for proving “intent to deliver;” (2) exhibits were introduced which tended to prove another, unrelated crime and such exhibits were not on the State’s bill of particulars; and (3) the initial detention of the appellant in a motor…