State v. Didley

McCORMICK, Justice.

Defendant appeals his conviction by jury and sentence for two counts of delivery of heroin in violation of § 204.401(1), The Code, 1975. The sole question is whether the trial court erred in overruling defendant’s motion to direct a verdict on the ground of the State’s failure to offer substantial evidence the deliveries were made with an intent to make a profit.

The alleged offenses occurred in July 1976. Pursuant to the amendment to § 204.410, The Code, 1975, by Acts 66 G.A. Ch. 1245, ch. 4, § 231, effective July 1,1976, it was incumbent upon the State to offer evidence…