STATE v. BEAVER

No. 710A85.

346 S.E.2d 476 (1986)

STATE of North Carolina v. Howard BEAVER.

Supreme Court of North Carolina.

August 12, 1986.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Lucien Capone, III, Asst. Atty. Gen., Raleigh, for the State.

Jones, Key, Melvin & Patton, P.A. by R.S. Jones, Jr. and Chester Marvin Jones, Franklin, for the defendant-appellee.


MITCHELL, Justice.

The defendant was convicted of manufacturing a controlled substance (marijuana) upon a proper indictment and was sentenced to imprisonment for a term of three years. Three related charges were dismissed at the close of the State's evidence. The defendant appealed to the Court of Appeals.

The majority of the panel in the Court of Appeals concluded that the evidence was insufficient to support a finding of constructive possession of the marijuana...

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