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[QUOTE]Originally posted by First of Two: [QB] Well, in our case, the question of intent to sell revolved around the packaging. The guy had way too much cocaine for personal use, and was keeping it in a place too inconvenient for personal use. BUT, the police couldn't find any evidence of 'packaging' like the little papers or bags that dealers generally wrap the stuff in to sell. BUT... In the jury room, we examined the sandwich bags that the drugs were in. The ones that had never been opened and 'cut' with other stuff were intact. But we noticed that the top fold-over flap (the part you stick back down into the bag to cover your sandwich, you know?) had been almost completely torn out of the bag that had been opened. It had a very jagged edge, suggesting repeated tearing of of small bits. Now, a guy using the bag to hold his OWN stuff has no reason to do this. But a guy SELLING the stuff would be carrying the packaging with him. Sell a gram, tear off a bit of plastic, instant packaging. More you sell, more bits of the baggie become available for use as packaging. [/QB][/QUOTE]
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