Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
State v. Satterthwaite, 234 N.C. App. 440 (Jun. 17, 2014)
Where a drug paraphernalia indictment charged the defendant with possession of plastic baggies used to package and repackage pills but the State introduced no evidence of plastic baggies at trial, the trial court erred by denying the defendant’s motion to dismiss. At trial, the State’s evidence showed that the defendant used a bottle to deliver the pills. The court stated: “We hold that the specific items alleged to be drug paraphernalia must be enumerated in the indictment, and that evidence of such items must be presented at trial.”