State v. Whittington, 221 N.C. App. 403 (Jun. 19, 2012)

rev’d in part on other grounds, 367 N.C. 186 (Jan. 24, 2014)

(1) The State conceded and the court held that an indictment for trafficking in opium by sale was fatally defective because it failed to name the person to whom the defendant allegedly sold or delivered the controlled substance. The indictment stated that the sale was "to a confidential informant[.]" It was undisputed that the name of the confidential informant was known. (2) An indictment for trafficking by delivery was defective for the same reason.