State v. Reese

ARNOLD, Judge.

Defendant was found guilty by a jury of felonious possession of ethchlorvynol, a violation of G.S. 90-95 (d) (2). We agree with defendant’s contention that the trial judge failed to charge the jury on one of the essential elements of the crime charged. Specifically, the jury was not instructed that defendant must have possessed more than 100 ethchlorvynol tablets in order to be guilty of felonious possession of the. drug.

Under the terms of G.S. 90-95 (d) (2) “ ... if the quantity of the controlled substance . . . exceeds 100 tablets, capsules or other dosage units, . . . the…