Bennett v. State

Bell, Chief Judge.

The defendant was indicted in a 5-count indictment charging illegal drug violations. He was convicted and sentenced on Counts 1, 2, and 3. Count 1 charged that on June 22,1972 defendant "did possess, have under his control and sell” cocaine; Count 2 charged that defendant on June 26, 1972 "did possess, have under his control and sell” cocaine; and Count 3 charged that defendant on June 22, 1972 did possess, have under his control and sell lysergic acid diethylamide (LSD).” Held:

1. During his opening statement to the jury the district attorney stated that the defendant had…