State v. Owen

CLARK, Judge.

The evidence, considered in the light most favorable to the State, was sufficient to support the jury finding that the defendant was guilty of manufacturing marijuana.

The burden was on the State to offer substantial evidence that defendant was in constructive possession of the patch of marijuana plants located near the trailer occupied by the defendant. See State v. Smith, 40 N.C. App. 72, 252 S.E. 2d 535 (1979). Constructive possession of a contraband material exists when there was no actual personal dominion over the material but when there is an intent and capability to…