STATE v. HARRIS

No. 472PA06.

646 S.E.2d 526 (2007)

STATE of North Carolina v. Darian Jaquan HARRIS.

Supreme Court of North Carolina.

June 28, 2007.


Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Daniel P. O'Brien, Assistant Attorney General, for the State-appellant.

Thomas R. Sallenger, Wilson, for defendant-appellee.


BRADY, Justice.

In this case we determine an issue of first impression: Whether a positive urinalysis for marijuana metabolites alone is substantial evidence sufficient to prove that a defendant knowingly and intentionally possessed marijuana. We hold that this evidence alone is not sufficient, and therefore affirm the decision of the Court of Appeals.

FACTUAL BACKGROUND

In the early morning hours of 21 August 2004, Renetta Bryant arrived...

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