Dalton v. State

McMurray, Presiding Judge.

Defendant was indicted and tried for the offense of trafficking in illegal drugs. On the trial of the case the issue of the offense of unlawful possession or control of a controlled substance (heroin) was submitted to the jury as a lesser included offense. The trial court overruled defense counsel’s objection to the submission of the purported lesser included offense to the jury. A verdict of guilty of the possession of heroin was returned by the jury, and the defendant was subsequently sentenced to serve a term of 10 years. Defendant’s motion for new trial was filed…