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eBook details

• Title: Gregory v. Floyd
• Author : Court of Appeals of North Carolina
• Release Date : January 02, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

The county attorney of Box Butte County brings error proceedings to this court pursuant to sections 29-2315.01 to 29-2316, R. R. S. 1943, from a decision and order of the District Court of that county sustaining defendants motion made at the close of the States evidence to dismiss the charges against the defendant that he "did knowingly or intentionally possess a controlled substance, to-wit: Amphetamine, its salts, optical isomers, or salts of its optical isomers." The court found that the defendant did knowingly or intentionally possess a quantity of amphetamine, but further found that the State failed to prove that the quantity of amphetamine possessed by defendant was such a quantity that it had a "potential for abuse associated with a stimulant effect on the central nervous system." The court found the defendant not guilty, and discharged him. Since defendant Jennings has been placed in legal jeopardy by virtue of his trial, our decision today will not affect the judgment of the trial court. § 29-2316, R. R. S. 1943; State v. Faircloth, 181 Neb. 333, 148 N.W.2d 187 (1967). Under the foregoing statutes, the scope and purpose of our review in these error proceedings is to provide an authoritative exposition of the law for use as a precedent in similar cases which may now be pending or which may subsequently arise. § 29-2316, R. R. S. 1943; State v. Taylor, 179 Neb. 42, 136 N.W.2d 179 (1965).

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