#### STATE OF NORTH CAROLINA v. FRANK WALLACE PUGH

No. 7512SC309

(Filed 2 July 1975)

Appeal by defendant from Hobgood, Judge. Judgment entered 25 February 1975 in Superior Court, Cumberland County. Heard in the Court of Appeals 17 June 1975.

Defendant was charged in a two-count indictment with possession with intent to sell and deliver heroin, and felonious sale and delivery of heroin, in violation of Schedule I of the Controlled Substances Act. He pleaded not guilty and was tried before a jury.

Albert Stout, Jr., testified that on 4 April 1974 he was working in Cumberland County as an undercover agent for the State Bureau of Investigation. On that day defendant sold Stout two foil packets later shown to contain heroin. Defendant denied knowing Stout or making the sale.

The jury found defendant guilty as charged. From judgment imposing a prison sentence, he appealed to this Court.

Attorney General Edmisten, by Assistant Attorney General H. A. Cole, Jr., for the State.

Cherry and Grimes, by Sol G. Cherry, for defendant appellant.

ARNOLD, Judge.

Defendant presents the record proper for review. We have carefully examined the record and in our opinion defendant has received a fair trial free from prejudicial error.

*535No error.

Chief Judge Brock and Judge Parker concur.