State v. McGill

COPELAND, Justice.

For the reasons stated below, we find no error in defendant’s trial; therefore, the decision of the Court of Appeals is affirmed.

In his first assignment of error, the defendant argues the trial court erred in not requiring the State to elect before trial between the two charges against the defendant. We do not agree.

The defendant contends that because the crime of possession of more than one ounce of marijuana is a lesser included offense of possession with intent to sell or deliver marijuana, 1 the State was required to choose under which theory they were proceeding.…