State v. Montgomery

IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA23-720 Filed 7 May 2024 Rutherford County, No. 20 CRS 168-69, 50390 STATE OF NORTH CAROLINA v. NELSON EMUEL MONTGOMERY, JR., Defendant. Appeal by Defendant from judgment entered 31 January 2023 by Judge J. Thomas Davis in Rutherford County Superior Court. Heard in the Court of Appeals 23 January 2024. Attorney General Joshua H. Stein, by Assistant Attorney General Miranda Shanice Holley, for the State. Stanley F. Hammer for defendant-appellant. MURPHY, Judge. Actual possession occurs when the accused has physical or personal custody of the…