State v. Gleason

CLARK, Judge.

The defendant contends that the trial court erred in failing to properly define and instruct the jury that the defendant’s possession of a controlled substance must be a “knowing” possession and in failing to instruct that in order for the defendant to “knowingly” possess a controlled substance, he must know of its narcotic character. Since a similar argument was made with regard to the count charging sale and delivery, both counts will be treated together.

In the present case it it noted that the trial court apparently followed Patterned Jury Instructions (N.C.P.I. — Crim.…