State v. James

EAGLES, Judge.

The appeals involve common questions of the sufficiency of the evidence of constructive possession of controlled substances. The doctrine of constructive possession applies when a person without actual physical possession of a controlled substance has the intent and capability to maintain control and dominion over it. State v. Williams, 307 N.C. 452, 298 S.E. 2d 372 (1983). As the terms “intent” and “capability” suggest, constructive possession depends on the totality of circumstances in each case. No single factor controls, but ordinarily the question will be for the jury. See…