Stone v. State

Appellant James Stone was convicted of possessing heroin, a controlled substance, with intent to deliver contrary to Ark. Stat. Ann. § 82-2617 (Supp. 1971), as amended. For reversal he contends that the trial court erred in instructing the jury in accordance with Act 68 of 1972.

Section 1, Article IV, Act 590 of 1971 (Ark. Stat. Ann. § 82-2617), makes possession of a drug with intent to deliver a felony. Mere unlawful possession is only a misdemeanor. Act 68 of 1972 provides:

“SECTION I. Section 1 of Article IV of Act 590 of 1971 is hereby amended by adding a new subsection at the end thereof…