Opinion
Argued October 10, 1974
Decision released October 22, 1974
Information charging the defendant with the crime of selling a narcotic drug, brought to the Superior Court in New Haven County and tried to the jury before Healey, J.; verdict and judgment of guilty, from which the defendant appealed. No error.
The appellant filed a motion to reargue which was denied.
John R. Williams, for the appellant (defendant).
William F. Gallagher, special assistant state's attorney, with whom, on the brief, were Arnold Markle, state's attorney, John J. Kelly and Ernest J. Diette, Jr., assistant state's attorneys, for the appellee (state).
The defendant, Philip Brooks, was convicted in a jury trial of a sale of narcotics in violation of 19-480 (a) of the General Statutes. He has appealed from the judgment rendered.
The sole ground of appeal briefed by the defendant was the claim that the court erred in refusing to instruct the jury that possession of heroin was a lesser included offense of the crime of sale of heroin. Of necessity, the defendant admits that unless this court reverses its decision in State v. Brown, 163 Conn. 52, 301 A.2d 547, he cannot prevail on this appeal. We adhere to our previous decision in State v. Brown, supra.