STATE v. HYATT

No. 8916SC322.

390 S.E.2d 355 (1990)

98 N.C. App. 214

STATE of North Carolina v. Mollie Reed HYATT.

Court of Appeals of North Carolina.

April 17, 1990.


Attorney(s) appearing for the Case

Attorney General Lacy H. Thornburg by Asst. Atty. Gen., Grayson G. Kelley, Raleigh, for State.

Murray, Regan and Regan by Cabell J. Regan, Lumberton, for defendant-appellant.


ORR, Judge.

The sole issue on appeal is whether the trial court erred by submitting to the jury the charge of felonious possession of more than one gram of cocaine. For the reasons set forth below, we hold that the trial court erred.

At trial, the State's evidence tended to show that on 16 June 1988, a valid search was conducted by narcotics detectives at the residence of Dean and Charlene Oxendine. Neither Dean nor Charlene Oxendine was present during the...

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