Legal Opinion

State v. Yelverton

Court of Appeals of North Carolina

Decided May 23, 1973No. 737SC319PublishedCited by 5 opinions

1Opinion of the Court

CAMPBELL, Judge.

Defendant has argued that the possession and distribution of a single quantity of marijuana taking place on one occasion constitutes but one crime for which he may be punished only once. This Court so held in State v. Thornton, 17 N.C. App. 225, 193 S.E. 2d 373 (1972), upon the premise that it is impossible to prove distribution of a narcotic without also proving at least constructive possession.

The Thornton case, however, has been specifically disapproved in State v. Cameron, filed in the Supreme Court of North Carolina on 18 April 1973. In the opinion by Justice Moore, it is…

2Cases cited3 opinions

  1. State v. BirckheadSupreme Court of North Carolina · 1962
  2. Gee v. StateSupreme Court of Georgia · 1969
  3. State v. ThorntonCourt of Appeals of North Carolina · 1973

3Cited by5 opinions

  1. State v. RosserCourt of Appeals of North Carolina · 1981
  2. State v. SalemCourt of Appeals of North Carolina · 1981
  3. State v. BrownCourt of Appeals of North Carolina · 1978
  4. State v. SaundersCourt of Appeals of North Carolina · 1978
  5. State v. YelvertonSupreme Court of North Carolina · 1973

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API