State v. Gagne

HEDRICK, Judge.

Defendants first contend that the trial court committed error in denying their motions for judgment as of nonsuit.

“An accused’s possession of narcotics may be actual or constructive. . . . Where such materials are found on the premises under the control of an accused, this fact, in and of itself, gives rise to an inference of knowledge and possession which may be sufficient to carry the case to the jury on a charge of unlawful possession.” State v. Harvey, 281 N.C. 1, 12, 187 S.E. 2d 706, 714 (1972).

The evidence presented, when considered in the light most favorable to the…