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STATE v. WELLS

No. 7519SC352.

218 S.E.2d 225 (1975)

27 N.C. App. 144

STATE of North Carolina v. Kevin Eugene WELLS.

Court of Appeals of North Carolina.

October 1, 1975.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Conrad O. Pearson, Raleigh, for the State.

Carlton, Rhodes & Thurston by Gary C. Rhodes, Salisbury, for defendant-appellant.

CLARK, Judge.

The validity of the search warrant and the search pursuant thereto were not questioned on appeal.

The defendant assigns as error the failure of the trial court to define and explain constructive possession. Constructive possession is that which exists without actual personal dominion over the material, but with an intent and capability to maintain control and dominion over it. State v. Spencer, 281 N.C. 121

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