State v. Mercer

HEDRICK, Chief Judge.

In defendant’s first argument he contends the trial court erred by submitting to the jury the possible verdict of guilty of possession of cocaine with intent to sell or deliver. The indictment charged that defendant “unlawfully, willfully and feloniously did possess with intent to sell and deliver . . .” (emphasis added). Defendant argues this would have been the proper wording of the possible verdict and that the use of the disjunctive “or” allowed the State to meet a lower burden of proof than required under the indictment. We disagree.

It is proper for a jury to return…