State v. McLamb

The question here: Is there error in the ruling of the trial court in denying defendant’s motions for judgment as of nonsuit on the two counts on which he was convicted ?

Taking the evidence offered upon the trial below in the light most favorable to the State, the circumstances on which the State relies are insufficient to support the verdict.

The principles of circumstantial evidence and constructive possession recently re-stated in S. v. Webb, 233 N.C. 382, 64 S.E. 2d 268, are applicable here. And as there stated, to hold that there is sufficient evidence to support a finding that the…