State v. Autry

In State v. Autry, 101 N.C. App. 245, 399 S.E.2d 357 (1991), did not have exclusive control of the premises where the controlled substances were discovered. However,the defendant was found standing with two other persons in a kitchen measuring approximately six feet by eight feet. On one wall of the kitchen there was a table surrounded by several chairs. One chair was turned sideways from the table, and tilted toward the defendant. A leather jacket was hanging on the back of the chair. The defendant was standing within arm's reach of the chair, and told a police officer that the jacket was his. On the table were a .25-caliber semi-automatic pistol, four packages of powder containing cocaine, and $ 47 in cash. The defendant informed the police that the $ 47 belonged to him as well. Thus, of the four items on or near the table, those being the jacket, the cash, the pistol and the cocaine, the defendant claimed ownership of two items. Id. at 252, 399 S.E.2d at 362. The Court determined the evidence was sufficient for a reasonable mind to infer and conclude from the circumstances that the defendant constructively possessed the cocaine found on the kitchen table.