State v. Crouch

GRAHAM, Judge.

Defendant assigns as error the failure of the court to allow her motion for nonsuit, contending that the State’s evidence will not support a finding that she was in possession of any of the items referred to in the warrant or bills of indictment.

“An accused’s possession of narcotics may be actual or constructive.” State v. Harvey, 281 N.C. 1, 187 S.E. 2d 706. Constructive possession of contraband material exists when there is no actual personal dominion over the material, but when there is an intent and capability to maintain control and dominion over it. State v. Spencer, 281…