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STATE v. BALSOM

No. 7312SC131.

195 S.E.2d 125 (1973)

17 N.C. App. 655

STATE of North Carolina v. Stephen F. BALSOM et al.

Court of Appeals of North Carolina.

March 28, 1973.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Asst. Atty. Gen. Howard P. Satisky, Raleigh, for the State.

Sol G. Cherry, Public Defender, Fayetteville, for defendant appellants Balsom and Gove.

Butler, High & Baer, by Sneed High, Fayetteville, for defendant appellants Siracuse and Kausner.

HEDRICK, Judge.

Defendants, Balsom, Gove, Kausner and Siracuse, assign as error the denial of their motions for judgments as of nonsuit.

"An accused's possession of narcotics may be actual or constructive. . . . Where such materials are found on the premises under the control of an accused, this fact, in and of itself, gives rise to an inference of knowledge and possession which may be sufficient to carry the case to the jury on a charge of unlawful possession...

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