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N.C.App.1 COURT OF APPEALS 201
State v. Hultman
notwithstanding any resistance she may make, although she
thereafter consents. There was no error in submitting the lesser
included offense.
Moreover, had there been error, it would have been favor-able
to the defendant and he is without standing to challenge
the verdict. State v. Vestal, 283 N.C. 249, 195 S.E. 2d 297.
In defendant's trial and the judgment appealed from we
find
No error.
Chief Judge BROCK and Judge BALEY concur.
STATE OF NORTH CAROLINA v. CHARLES W. HULTMAN, STEVE
LANNING AND DELBERT C. MARTIN
No. 734SC591
(Filed 12 December 1973)
Narcotics § 4- possession of LSD delivered to friend for safekeeping
The State's evidence was sufficient for the jury in a prosecution
of three defendants for felonious possession of LSD where it
tended to show that defendants asked the State's witness to hold some
"stuff" for them, each defendant gave the witness a bottle containing
green and yellow capsules, the bottles contained 294 capsules, and
the capsules contained LSD, it not being necessary that the State
show that defendants had possession, either actual or constructive,
when they were arrested.
APPEAL by defendants from Cohoon, Judge, 19 February
1973 Session of Superior Court held in ONSLOW County.
The defendants were charged with felonious possession of
a controlled substance, to wit: 294 capsules of LSD. They pled
not guilty. The State presented the testimony of Richard C. Duff,
who testified in substance as follows: He knew the defendants,
as they were in the same company at Camp Lejeune. On 5 Jan-uary
1973 the three defendants, riding in defendant Lanning's
car, approached him at a phone booth near the trailer court
where he lived. Defendant Lanning got out of the car and asked
him if he would hold some "stuff" for them. Duff accompanied
the defendants to his trailer, where each of the three defendants
gave him a bottle containing green and yellow capsules. The
Object Description
| Title | North Carolina Court of Appeals Reports [v.020, November 28, 1973 - February 20, 1974] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1974 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 20, November 28, 1973 - February 20, 1974. Cited as 20 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 34.5 MB; 842 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_020.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 229 |
| Full Text | N.C.App.1 COURT OF APPEALS 201 State v. Hultman notwithstanding any resistance she may make, although she thereafter consents. There was no error in submitting the lesser included offense. Moreover, had there been error, it would have been favor-able to the defendant and he is without standing to challenge the verdict. State v. Vestal, 283 N.C. 249, 195 S.E. 2d 297. In defendant's trial and the judgment appealed from we find No error. Chief Judge BROCK and Judge BALEY concur. STATE OF NORTH CAROLINA v. CHARLES W. HULTMAN, STEVE LANNING AND DELBERT C. MARTIN No. 734SC591 (Filed 12 December 1973) Narcotics § 4- possession of LSD delivered to friend for safekeeping The State's evidence was sufficient for the jury in a prosecution of three defendants for felonious possession of LSD where it tended to show that defendants asked the State's witness to hold some "stuff" for them, each defendant gave the witness a bottle containing green and yellow capsules, the bottles contained 294 capsules, and the capsules contained LSD, it not being necessary that the State show that defendants had possession, either actual or constructive, when they were arrested. APPEAL by defendants from Cohoon, Judge, 19 February 1973 Session of Superior Court held in ONSLOW County. The defendants were charged with felonious possession of a controlled substance, to wit: 294 capsules of LSD. They pled not guilty. The State presented the testimony of Richard C. Duff, who testified in substance as follows: He knew the defendants, as they were in the same company at Camp Lejeune. On 5 Jan-uary 1973 the three defendants, riding in defendant Lanning's car, approached him at a phone booth near the trailer court where he lived. Defendant Lanning got out of the car and asked him if he would hold some "stuff" for them. Duff accompanied the defendants to his trailer, where each of the three defendants gave him a bottle containing green and yellow capsules. The |
