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Home / Opinion Digests / Criminal Practice / Criminal Practice – Possession of a Firearm by a Felon – Jury Instructions – Actual & Constructive Possession (access required)

Criminal Practice – Possession of a Firearm by a Felon – Jury Instructions – Actual & Constructive Possession (access required)

State v. Malachi (Lawyers Weekly No. 011-122-17, 12 pp.) (Lucy Inman, J.) Appealed from Mecklenburg County Superior Court (Yvonne Evans, J.) N.C. App. Holding: Where the state only presented evidence of actual possession of a firearm but, over defendant’s objection, the trial court instructed the jury on both actual and constructive possession, defendant is entitled to ...

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