Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Robinson, ___ N.C. App. ___, 805 S.E.2d 309 (Sept. 5, 2017)
No plain error occurred in this drug case where the trial court instructed the jury that it could convict the defendant if it found that he was in actual or constructive possession of the contraband. Although there was no evidence that the defendant actually possessed the contraband, no plain error occurred where there was substantial evidence that the defendant constructively possessed the items and where the defense at trial was that the defendant’s sister-in-law planted the drugs and that his brother-in-law was storing weapons in his house.