STATE v. WIGGINS

No. 7630SC985.

235 S.E.2d 265 (1977)

33 N.C. App. 291

STATE of North Carolina v. Howard F. WIGGINS.

Court of Appeals of North Carolina.

June 1, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. John R. B. Matthis and Associate Atty. Al S. Hirsch, Raleigh, for the State.

Simpson, Baker & Aycock, P.A., by Gene Baker, Morganton, for defendant-appellant.


MORRIS, Judge.

Defendant contends that the trial court erred by admitting the marijuana into evidence and in denying his motions for nonsuit because there was no evidence which showed that the drug was in defendant's actual or constructive possession.

An accused has possession of marijuana within the meaning of the Controlled Substances Act when he has both the power and intent to control its disposition. The possession may be either actual or constructive...

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