STATE v. SUMMERS

No. 7226SC437.

189 S.E.2d 807 (1972)

STATE of North Carolina v. Andrew Kent SUMMERS.

Court of Appeals of North Carolina.

Certiorari Denied August 31, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Atty. Gen. Millard R. Rich, Jr., for the State.

Charles B. Merryman, Jr., Charlotte, for defendant appellant.


Certiorari Denied by Supreme Court August 31, 1972.

PARKER, Judge.

There was no evidence of actual possession and the question presented is whether there was sufficient evidence of constructive possession to warrant submitting the case to the jury. We think there was.

An accused has possession of contraband material within the meaning of the law when he has both the power and intent to control its disposition or use. "Where such materials are found...

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