West Headnote of the Day – October 26, 2009

October 26, 2009

West's Key 96H Controlled Substances
West's Key 96HIII Prosecutions
West's Key 96Hk61 Indictment, Information or Complaint
West's Key 96Hk65 k. Substance and Quantity Involved.

Because purpose of indictment is to identify clearly crime being charged, thereby putting accused on reasonable notice to defend against it and prepare for trial, indictment alleging trafficking in compound obtained from cocoa leaves was not so defective as to deprive trial court of subject-matter jurisdiction given trial evidence showed over 637 grams of a 35 percent cocaine mixture; at no time could defendant realistically have thought that he was charged with trafficking in chocolate.
State v. Thrift, 336 S.E.2d 861 (N.C. Ct. App. 1985)

96H Controlled Substances