{
  "id": 8551520,
  "name": "STATE OF NORTH CAROLINA v. RAYMOND A. CAZARRES",
  "name_abbreviation": "State v. Cazarres",
  "decision_date": "1971-10-20",
  "docket_number": "No. 7112SC580",
  "first_page": "580",
  "last_page": "582",
  "citations": [
    {
      "type": "official",
      "cite": "12 N.C. App. 580"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 204,
    "char_count": 3088,
    "ocr_confidence": 0.549,
    "sha256": "b14be5bbfc013be12e99c1459586ac5f7e4a4d8e17bb1bd3ca0416ce7364a1a6",
    "simhash": "1:5b9b8838d670debe",
    "word_count": 491
  },
  "last_updated": "2023-07-14T18:50:27.087613+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Vaughn,and Graham concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. RAYMOND A. CAZARRES"
    ],
    "opinions": [
      {
        "text": "BROCK, Judge.\nDefendant assigns as error that the trial judge, in charging the jury, reviewed the evidence of the observation and arrest of defendant in the Park. Defendant contends this was error because the charges in connection with his arrest in the Park were nonsuited.\nThis assignment of error is without merit. Evidence of the observation and arrest in the Park served to explain why defendant was in custody when he consented to a search of his residence. The evidence was plenary and clear that more than one gram of marijuana was found during the search of defendant\u2019s residence, and it is' not conceivable that the jury could have been confused.\nNo error.\nJudges Vaughn,and Graham concur.",
        "type": "majority",
        "author": "BROCK, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Morgan, by Staff Attorney League, for the State.",
      "Assistant Public Defender Taylor for the defendant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. RAYMOND A. CAZARRES\nNo. 7112SC580\n(Filed 20 October 1971)\nNarcotics \u00a7 4.5 \u2014 instructions \u2014 review of evidence concerning nonsuited charge\nWhere law officers arrested defendant in a park for transportation of marijuana, and thereafter charged defendant with possession of marijuana upon finding marijuana in defendant\u2019s residence, and in a trial for both crimes the transportation charge was nonsuited, the trial court did not commit prejudicial error in reviewing in the charge evidence of the observation and arrest of defendant upon the transportation charge.\nAppeal by defendant from Cooper, Judge, 8 February 1971 Session of Superior Court held in Cumberland County.\nDefendant was brought to trial upon a bill of indictment which charged (1) that defendant used a certain motor vehicle to facilitate the transportation, conveyance, concealment and possession of marijuana (G.S. 90-111.2 (a) (3)); and (2) that defendant did transport, carry and convey a quantity of marijuana by means of a certain motor vehicle (G.S. 90-111.2(a)(1)). Defendant, at the same time, was brought to trial upon an information charging that he had in his possession and under his control marijuana in excess of one gram (G.S. 90-88 and 90-111 (a)). Waiver of indictment by the grand jury upon this latter charge was duly executed.\nThe State\u2019s evidence tended to show: On 8 September 1970 a group of law enforcement officers entered Rowan Street Park in Fayetteville and encountered the defendant and other persons under circumstances which gave the officers reason to suspect that defendant was dealing in narcotics from defendant\u2019s van-type motor vehicle. The officers placed defendant and his companions under arrest and took them to the Inter-Agency Bureau of Narcotics office in the Cumberland County Courthouse. Defendant was advised of his rights and consented to a search of his residence at 200 Sedberry Street. The officers conducted a search of defendant\u2019s residence and found in excess of one gram of marijuana.\nAt the close of the State\u2019s evidence. defendant\u2019s motions to nonsuit the two charges contained in the bill of indictment were allowed. The jury returned a verdict of guilty of possession as charged in the information. Defendant appealed.\nAttorney General Morgan, by Staff Attorney League, for the State.\nAssistant Public Defender Taylor for the defendant."
  },
  "file_name": "0580-01",
  "first_page_order": 606,
  "last_page_order": 608
}