STATE v. HENSLEY

No. COA07-770.

661 S.E.2d 18 (2008)

STATE of North Carolina v. Jesse Lee HENSLEY.

Court of Appeals of North Carolina.

May 20, 2008.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Robert D. Croom, for the State.

Kathleen A. Widelski, Concord, for defendant-appellant.


CALABRIA, Judge.

Jesse Lee Hensley ("defendant") appeals from a judgment entered upon a jury verdict finding him guilty of possession of a malt beverage by a person less than twenty-one years of age. We reverse.

The State presented the following pertinent evidence: On 7 January 2006, Yancey County Deputy Sheriff Nathan Ball ("Deputy Ball") was on routine patrol at approximately 1:30 a.m on Westside Road. A 1999 Oldsmobile ("the Oldsmobile" or "the vehicle...

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