Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
State v. Squirewell, ___ N.C. App. ___, 808 S.E.2d 312 (Nov. 7, 2017)
There was sufficient evidence to support an open container charge. Specifically, the evidence was sufficient to establish constructive possession, including, among other things, that the trooper saw the can near the console area of the vehicle that the defendant was driving; the defendant initially provided the trooper a false name; and the defendant’s eyes were red and glassy and his speech was slurred.