State v. Cloninger

CLARK, Judge.

One issue raised by this appeal is whether the trial court erred in failing to charge on lesser included offenses of (1) possession of marijuana with intent to sell and (2) possession of hashish with intent to sell, both Schedule VI controlled substances, in violation of G.S. 90-95(a)(l), as charged in the bills of indictment.

The marijuana indictment charged possession with intent to sell of four pounds of marijuana. Possession of more than one ounce of marijuana is a felony under G.S. 90-95(d)(4), and punishable by imprisonment of not more than five years.

The hashish indictment…