STATE v. GAGNE

No. 743SC420.

207 S.E.2d 384 (1974)

22 N.C. App. 615

STATE of North Carolina v. Joseph P. GAGNE and Barry L. Barber.

Court of Appeals of North Carolina.

Certiorari Denied September 24, 1974.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Deputy Atty. Gen. R. Bruce White, Jr., and Asst. Atty. Gen. Guy A. Hamlin, Raleigh, for the State.

John H. Harmon, New Bern, for defendant appellants.


Certiorari Denied by Supreme Court September 24, 1974.

HEDRICK, Judge.

Defendants first contend that the trial court committed error in denying their motions for judgment 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...

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