State v. Oien

FOSHEIM, Justice.

This is an appeal from the judgment entered upon a jury verdict finding appellant guilty of distribution of a controlled substance. We affirm.

The basic issue on appeal is whether the trial court erred in refusing to instruct the jury that the offense of distribution of a controlled substance necessarily includes the lesser offense of unauthorized possession of a controlled substance and that the jury could find the defendant guilty of such lesser offense. * Appellant was charged with violating SDCL 22-42-2:

Except as authorized by this chapter or chapter 34-20B, no person…