Stemm v. State

WIGGINTON, Judge.

Before us is an appeal from judgment and sentence for possession of contraband in a county jail. Appellant argues that the trial court erred in failing to grant his motion for judgment of acquittal. We agree and reverse.

By information, appellant was charged with introducing or possessing contraband in a county jail and possession of less than twenty grams of marijuana. The cause proceeded to jury trial and at the close of the State’s case, the court dismissed the possession of marijuana charge on the basis that it was a lesser included offense of the charge of introducing or…