STATE v. FARRIOR

No. 944SC21.

451 S.E.2d 332 (1994)

STATE of North Carolina v. Donald R. FARRIOR.

Court of Appeals of North Carolina.

December 20, 1994.


Attorney(s) appearing for the Case

Atty. Gen. Michael F. Easley by Asst. Atty. Gen. Jill Hickey, for the State.

Nora Henry Hargrove, Wilmington, for defendant-appellant Donald R. Farrior.


EAGLES, Judge.

Defendant brings forward two assignments of error. After careful review, we remand for resentencing.

I.

Defendant argues that the trial court erred by failing to instruct the jurors that they were not compelled to infer constructive possession of the stolen articles found in the vehicle merely because defendant exercised control over the vehicle. "A party may not assign as error any portion of the jury charge or omission therefrom...

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