West Virginia Supreme Court· 9/29/1983

State v. Zaccagnini

Citations

308 S.E.2d 131
172 W. Va. 491
1983 W. Va. LEXIS 585

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that possession of LSD and cocaine with intent to deliver did not constitute the same offense
holding that possession of LSD and cocaine with intent to deliver did not constitute the same offense
explaining that possession with intent to deliver a controlled substance “is largely a factual question and conviction may be sustained under a variety of different facts” while simple possession is a misdemeanor
finding no prejudice in late disclosure of informant as witness because defendant knew informant for approximately two years prior to the date of his arrest
“Where the same act or transaction constitutes a violation of two distinct statutory provisions, the test ... is whether each provision requires proof of an additional fact which the other does not.”
“Where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one is whether each provision requires proof of an additional fact which the other does not.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Miller

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Cited by

52 cases in this archive cite this case; the 20 most cited are listed.

Cites

49 cases in this archive are cited by this case; the 20 most cited are listed.

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