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Criminal Jury Instructions  

Criminal Jury Instructions



"Sale" is any form of delivery which includes barter, exchange or gift, or offer therefor, and each such transaction made by any person whether as principal, proprietor, agent, servant or employee.

Source:  General Statutes 21a-240 (50) (applies to Chapter 420b:  Dependency Producing Drugs, 21a-240 -- 21a-283a).

Commentary:  Under this definition, there is no requirement that the narcotics be delivered for consideration.  State v. Wassil, 233 Conn. 174, 193 (1995); State v. Theriault, 38 Conn. App. 815, 824-25, cert. denied, 235 Conn. 922 (1995).  It is sufficient to define it as "any form of delivery."  Id., 192.

There is a distinction between sale and possession with the intent to sell.  State v. Estrada, 71 Conn. App. 344, 356-57, cert. denied, 261 Conn. 934 (2002).  "A person may possess narcotics without intending to sell them, or possess narcotics legally and sell them illegally, or sell narcotics without possessing them, making the crimes different offenses. . . .  The offense of possession of a narcotic substance with intent to sell requires proof that the defendant possessed a narcotic substance.  There is no such requirement for the offense of the sale of a narcotic substance."  (Citation omitted; internal quotation marks omitted.)  State v. Mahon, 53 Conn. App. 231, 235 (1999).   "To prove sale of a narcotic substance, the state need not prove beyond a reasonable doubt that the defendant knew the character of the substance. . . .  [T]he state need not prove that the defendant possessed the substance in question. . . .  The state need only prove that the defendant knowingly sold the substance to another person and that the substance sold was a narcotic."   Id., 236. 




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