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TERRY LEE QUINN v. STATE OF MISSISSIPPI

OCTOBER 30, 1985

TERRY LEE QUINN
v.
STATE OF MISSISSIPPI



BEFORE PATTERSON, C.J., ROBERTSON AND ANDERSON, JJ.

ROBERTSON, JUSTICE, FOR THE COURT:

I.

This appeal arises out of events occurring on the evening of November 8, 1983, in Drew, Mississippi. At that

 time and place an undercover agent for the Mississippi Bureau of Narcotics purchased from Terry Lee Quinn, defendant below and appellant here, 9.8 grams of marijuana for the sum of $75.00.

 On June 6, 1984, Quinn and another, Robert Banks, *fn1 were formally charged with the sale of a Schedule I controlled substance in an indictment returned by the Sunflower County Grand Jury. The indictment charged that Quinn thus violated the Mississippi Controlled Substances Law, Miss. Code Ann. 41-29-139 (a)(1) and (b)(3). Quinn entered a plea of not guilty to the charges.

 On August 6, 1984, the case was called for trial in the Circuit Court of Sunflower County, Mississippi. The next day the jury returned a verdict finding Quinn guilty as charged, whereupon Quinn was committed to the custody of the Mississippi Department of Corrections for a period of three (3) years, with one (1) year suspended.

 On August 9, 1984, Quinn moved for a new trial which motion was denied by order entered August 11, 1984. Quinn now appeals to this Court. We affirm.

 II.

 On the evening of November 8, 1983, Narcotics Bureau Agent Jim Scanlon and confidential informant, James Stowers, were working the Drew, Mississippi area. Shortly after 6:00 in the evening, as their truck was proceeding down Wilson Street, Scanlon and Stowers were flagged down in front of Eddie's Cafe by Terry Lee Quinn and Robert Banks. Quinn and his companion approached the passenger's side of the truck, where Stowers was sitting. Stowers exited the vehicle and walked to the rear with Quinn and Banks.

 After a short period of time, Scanlon asked Quinn if he would sell him some cocaine. Quinn said that none was available, but he had some sensimilla, a variety of marijuana without seeds, which he would sell for $75.00. In due course, Quinn produced to Scanlon a package containing a green vegetable type matter, later identified by the state's forensic drug analyst as 9.8 grams of marijuana. Scanlon delivered the $75.00 to Quinn and then left.

 III.

 Quinn's principal complaint on this appeal is that the state was permitted, over his vociferous objection, to offer evidence that he made another sale of marijuana on November

 4, 1983--four days prior to the offense charged in the instant indictment. The colloquy of which Quinn complains occurred during cross-examination of him by the prosecuting attorney:

 Q. Did you know that Jim Scanlon was a Narcotics Agent?

 A. No, mam.

 Q. You didn't know it that night, either, did you?

 A. I do not know him.

 Q. Do you deny having met him by being introduced to him by James Stowers?

 A. Do I deny?

 Q. That James Stowers introduced you to ...


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