Pettigrew v. State

After a jury trial, appellant Pettigrew was found guilty of both possession of heroin1 and sale of heroin.2 *391He argues that the charging affidavit is impermissibly vague; that the trial court erred in failing to declare a mistrial; that the evidence of sale is insufficient; and that his conviction for both possession and sale is contrary to law.

We reverse the conviction for sale of heroin and affirm the conviction for possession of heroin.

The evidence most favorable to the State reveals that on October 20, 1972 four Indianapolis Police Department narcotics detectives were conducting a search…