North Carolina v. Mitchell

442 S.E.2d 24, 336 N.C. 22 (1994)

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North Carolina v. Mitchell

North Carolina Supreme Court
442 S.E.2d 24, 336 N.C. 22 (1994)

Facts

Robert Mitchell (defendant) entered a convenience store where an off-duty police officer worked as a clerk. After Mitchell handed the clerk two rolled-up bags of marijuana, the clerk called the police, and Mitchell was subsequently arrested for possession of marijuana. Conflicting testimony was presented at trial regarding the origin of the marijuana that Mitchell handed to the clerk. The clerk testified that the bags were sticking several inches out of Mitchell’s shirt pocket when he entered the store, whereas Mitchell testified that the bags were sitting on the counter when Mitchell entered the store. The jury saw the bags during the trial, but the government did not present any evidence regarding the weight of the marijuana. Nevertheless, Mitchell was convicted of felony possession of marijuana, which requires possession of more than one and one-half ounces of marijuana. Mitchell appealed, arguing that the government did not prove that he possessed the requisite amount of marijuana to support a felony conviction.

Rule of Law

Issue

Holding and Reasoning (Exum, C.J.)

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