State v. Acolatse

In State v. Acolatse, 158 N.C. App. 485, 581 S.E.2d 807 (2003), the Court recounted the evidence against the defendant: Defendant . . . ran around the left side of the residence down the driveway. Four detectives pursued defendant. Defendant was apprehended in the bushes behind the detached garage near a fence after a police officer saw him make a straight throwing motion towards the bushes. Nothing was found in the bushes; however, drugs were found on the roof of the detached garage. One of the detectives testified the twenty-five foot roof line where the drugs were found was in a different direction from the bushes. The bushes were either directly across from the roof or off to a ninety degree angle. None of the detectives saw the defendant throw anything on the roof and no fingerprints were found on the bags of cocaine. Id. at 490, 581 S.E.2d at 811.