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Possession with Intent to Deliver, §§ 961.41(1m), 961.01(6) – Sufficiency Of Evidence of Intent to Deliver

State v. Rickey Eugene Pinkard, 2005 WI App 226
For Pinkard: John J. Grau

Issue/Holding: Someone holding drugs for another person and planning to return the drugs to that person intends to deliver within the meaning of § 961.41(1m). State v. Smith, 189 Wis. 2d 496, 525 N.W.2d 264 (1995) (conspiracy to deliver not supported where only evidence is that seller intended to sell small amount for buyer’s personal use) distinguished, ¶10 (“Delivery requires transfer from one person to another. … Pinkard’s intent to transfer the drugs to the person from whom he received them satisfies this definition.”).

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