State v. Houston

GUNN, Judge.

Defendant was convicted of the illegal sale of marihuana, a felony, in violation of § 195.020 RSMo. Supp.1975.1 The jury affixed punishment at five years imprisonment. On appeal, defendant charges that the trial court erroneously failed to instruct the jury on the lesser or included offense of first offense possession of 35 grams or less of marihuana, a misdemeanor under § 195.-200.1(l)(a). Defendant also claims error as a result of prosecutorial argument. We find that the evidence does not support the giving of a possession instruction, nor did the prosecutor’s argument require…