State v. Proctor

MORRIS, Chief Judge.

The indictment charged defendant with trafficking in cocaine in violation of G.S. 90-95(h)(3). The defendant moved for a bill of particulars asking the State to identify more specifically the controlled substance involved. The State filed a bill of particulars stating that the substance was “cocaine which is a derivative of coca leaves.” Thereafter, the defendant moved to dismiss on grounds that “a derivative of coca leaves” is not included within the language of G.S. 90-95(h)(3) and, alternatively, on grounds that the statute is unconstitutionally vague as to whether “a…