Possession of a Gun Between the Passenger and Driver's Seats

In State v. Alston, 131 N.C. App. 514, 508 S.E.2d 315 (1998), the defendant's wife and the defendant sat together in an automobile, in close proximity to a gun "lying on the console, between the passenger and driver's seats." Alston, 131 N.C. App. at 519, 508 S.E.2d at 318. The Court stated that "both Defendant and his wife had equal access to the handgun, but there is no evidence otherwise linking the handgun to Defendant." Id. Therefore, the Court concluded that there was not substantial evidence in the record "that Defendant had the possession, control, or custody of the handgun." Id.