State v. Pittman

FLANIGAN, Presiding Judge.

Defendant was charged with the sale of percodan, a Schedule II controlled substance, in violation of § 195.020,1 and was prosecuted as having been previously convicted of a felony violation of the laws of this state relating to controlled substances. § 195.200.1(5). Defendant pleaded “not guilty by reason of mental disease or defect excluding responsibility.” The jury found defendant guilty and he was sentenced, by the trial court, to a term of 15 years. Defendant appeals.

Defendant’s first point is that the trial court erred in refusing to give Instruction A,2…