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Fill and Sign the Possession with Intent to Manufacture Form

Fill and Sign the Possession with Intent to Manufacture Form

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INDICTMENT POSSESSION WITH INTENT TO MANUFACTURE, SELL, AND DELIVER SALE AND DELIVERY MANUFACTURE I. II. III. POSSESSION WITH INTENT TO MANUFACTURE, SELL, AND DELIVER The jurors for the State upon their oath present that on or about the date of offense shown and in the county named above the defendant named above unlawfully, willfully and feloniously did possess with intent to manufacture, sell,and deliver a controlled substance as follows: SALE AND DELIVERY And the jurors for the State upon their oath present that on or about the date of offense shown and in the county named above the defendant named above unlawfully, willfully and feloniously did sell and deliver the controlledsubstance identified in Count I to: M ANUFACTURE And the jurors for the State upon their oath present that on or about the date of offense shown and in the countynamed above the defendant named above unlawfully, willfully and feloniously did manufacture the controlledsubstance identified in Count I by: (describe act of manufacturing) STATE OF NORTH CAROLINA [This form may be used to charge all three offenses, I, II, and III; I only; I and II only; or I and III only. Do not use this form to charge only II or III. Note that although Count I below includes three different ways (intent to sell, intent to deliver, intent to manufacture) to commit that one offense, the state need only prove one of those ways to obtain a conviction. State v. Birdsong, 325 N.C. 418 (1989); State v. Moore, 327 N.C. 378 (1990).] It is not legally necessary in Count I to allege the amount of the controlled substance. If, however, the offense of possession of the controlled substance is a felony or misdemeanor depending on the amount possessed, alleging the amount in Count I will permit the offense of possession of the controlled substances to be submitted to the jury in factually-appropriate cases. County STATE VERSUS Offense In Violation Of G.S. (Identify Substance) File No. I. II. III. In The General Court Of Justice Superior Court Division Signature Of Prosecutor NOTE: (Over) 90-95(a)(1) Date Of Offense Name Of Defendant Specify Amount Of Substance (see note above) Identify Substance Schedule Of the NC Controlled Substances Act Name Of Person Substance Sold And Delivered To AOC-CR-151, Rev. 10/96 1997 Administrative Office of the Courts WITNESSES Signature Of Grand Jury Foreman A TRUE BILL by twelve or more grand jurors, and I the undersigned Foreman of the Grand Jury, attest the concurrence of twelve or more grand jurors in this Bill of Indictment. NOT A TRUE BILL. The Witnesses marked "X" were sworn by the undersigned Foreman of the Grand Jury and, after hearing testimony, this Bill was found to be: Date AOC-CR-151, Side Two, Rev. 10/961997 Administrative Office of the Courts

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