· 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
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.