State v. Pulliam

Chief Judge HEDRICK

concurring in part and dissenting in part.

I concur with that part of the majority opinion finding no error in the case wherein defendant was charged with felonious possession with intent to sell or deliver a controlled substance.

*134I dissent, however, in the case wherein defendant was charged with sale or delivery of a controlled substance, was found guilty of that offense, and had judgment imposed on the verdict.

In State v. Helms, 247 N.C. 740, 102 S.E. 2d 241 (1958) the Supreme Court held that a bill of indictment charging a defendant with separate crimes in the disjunctive…