Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
State v. Bennett, ___ N.C. App. ___, 821 S.E.2d 476 (Oct. 16, 2018)
rev’d on other grounds, ___ N.C. ___, ___ S.E.2d ___ (Jun. 5, 2020)
In this drug case, the trial court rejected the defendant’s argument that the evidence was insufficient to support an acting in concert instruction. Reviewing the evidence, the court rejected the defendant’s argument that it showed only mere presence.