STATE v. McLAMB

No. 219.

72 S.E.2d 656 (1952)

236 N.C. 287

STATE v. McLAMB.

Supreme Court of North Carolina.

October 8, 1952.


Attorney(s) appearing for the Case

J. R. Barefoot, Benson, E. R. Temple and Joseph H. Levinson, Smithfield, for defendant-appellant.

Harry McMullan, Atty. Gen., Ralph Moody, Asst. Atty. Gen., and Charles G. Powell, Jr., Member of Staff, Raleigh, for the State.


WINBORNE, Justice.

The question here: Is there error in the ruling of the trial court in denying defendant's motions for judgment as of nonsuit on the two counts on which he was convicted?

Taking the evidence offered upon the trial below in the light most favorable to the State, the circumstances on which the State relies are insufficient to support the verdict.

The principles of circumstantial evidence and constructive possession recently re-stated...

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