State v. Jackson

Toal, Justice:

The sole issue on appeal is whether a statement made during the jury instruction constituted an impermissible comment upon the facts by the trial judge.

Jackson was indicted for criminal conspiracy, distribution of crack cocaine, distribution of cocaine, and possession of crack cocaine. The evidence showed that Jackson made two sales of crack cocaine to Alvin James, an informant, on June 9 and 10, 1987. Shortly after the sale, on June 10, 1987, Jackson was stopped in his car. When the car was sniffed by a drug dog, the dog indicated that drugs were present in the car. A search…