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STATE v. DAVIS

No. 7326SC635.

201 S.E.2d 61 (1973)

20 N.C. App. 191

STATE of North Carolina v. J. D. DAVIS.

Court of Appeals of North Carolina.

Certiorari Denied February 5, 1974.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Asst. Atty. Gen. H. A. Cole, Jr., Raleigh, for the State.

Charles V. Bell, Charlotte, for defendant appellant.

Certiorari Denied by Supreme Court February 5, 1974.

MORRIS, Judge.

Defendant's sole assignment of error is to the trial court's denial of his motion for judgment as of nonsuit, made at the close of all the evidence. It is his contention that the evidence was insufficient to go the jury inasmuch as there was no evidence of a "state of awareness" on his part of the presence of the heroin in this bathroom.

In the leading case of State v. Harvey,

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