State v. Lofton

The Supreme Court reversed the decision of the court of appeals vacating Defendant's conviction for manufacturing marijuana, holding that the indictment returned for the purpose of charging Defendant with manufacturing marijuana was not fatally defective.On appeal, Defendant argued that the trial court erred by denying his motion to dismiss the manufacturing marijuana charge for insufficiency of the evidence. The court of appeals vacated Defendant's conviction, concluding that the indictment was fatally defective because it failed to allege that Defendant acted with an "intent to distribute." The Supreme Court reversed, holding that the indictment at issue sufficed to give the trial court jurisdiction to enter judgment against Defendant based upon his conviction for manufacturing marijuana given that it also alleged that Defendant manufactured marijuana by "producing," "propagating," and "processing" it. View "State v. Lofton" on Justia Law