State v. Searcy

ARNOLD, Judge.

Both defendants argue that their motions for nonsuit should have been allowed. Defendant Teague argues that he was a mere passenger in the Mustang; that there was no evidence of how he entered the Mustang or of his relationship to the driver or the owner; and that there was no evidence that he had control over either the vehicle or the gun. We agree with defendant Teague that there was no evidence that he was acting in concert or that he was particeps criminis. In the case of State v. Ledford, 24 N.C. App. 542, 211 S.E. 2d 532 (1975), the fact that contraband was found under the…