State v. Ellis

Neely, Justice:

Appellant Donald Lee Ellis, Jr. was convicted by a jury in the Circuit Court of Mingo County of delivering a controlled substance, namely marijuana. The sale allegedly occurred while appellant and another young man, John David Browning, were together in appellant’s automobile.

According to the State’s evidence, appellant and Mr. Browning met a State Police undercover agent and an informer while driving in and around Gilbert. The four of them then went to a parking lot where Mr Browning, at the instance and direction of appellant, transferred marijuana belonging to the appellant…