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Home / Courts / Criminal Practice – Weapon Possession – Constructive Possession – Ownership – First Impression – Defective Indictment – Conspiracy – Restitution (access required)

Criminal Practice – Weapon Possession – Constructive Possession – Ownership – First Impression – Defective Indictment – Conspiracy – Restitution (access required)

State v. Billinger Although we have found no N.C. appellate decision directly on point, in accord with other jurisdictions, we find that evidence of defendant’s ownership of a sawed-off shotgun is sufficient to show his constructive possession of the weapon. We find no error in defendant’s conviction of possession of a weapon of mass death and destruction. We vacate both defendant’s conviction of conspiracy to commit robbery with a dangerous weapon and the trial court’s order of restitution.

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