State v. Fletcher

In State v. Fletcher, 92 N.C. App. 50, 56, 373 S.E.2d 681, 685 (1988), the Court addressed the question whether a motion to dismiss a charge of possession of a controlled substance should be allowed when the State relies solely upon the testimony of law enforcement officers, qualified as expert witnesses, to identify the substance rather than laboratory analysis. The Court held that even though "it would have been better for the State to have introduced evidence of chemical analysis of the substance, especially in light of the fact that testimony indicated the State Bureau of Investigation had conducted an analysis, . . . the absence of such direct evidence does not, as the appellant suggests, prove fatal. Though direct evidence may be entitled to much greater weight with the jury, the absence of such evidence does not render the opinion testimony insufficient to show the substance was marijuana." Id. at 57, 373 S.E.2d at 686.