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STATE OF CONNECTICUT v. PHILIP BROOKS

PER CURIAM.

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.

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STATE v. BROOKS
(Oct 22, 1974)