{
  "id": 8525431,
  "name": "STATE OF NORTH CAROLINA v. CARL CHILDERS",
  "name_abbreviation": "State v. Childers",
  "decision_date": "1984-02-07",
  "docket_number": "No. 8327SC649",
  "first_page": "464",
  "last_page": "466",
  "citations": [
    {
      "type": "official",
      "cite": "66 N.C. App. 464"
    }
  ],
  "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": 257,
    "char_count": 4174,
    "ocr_confidence": 0.806,
    "sha256": "3e49611f03f21d204ef7d1f1d9083b4385ee90c5e8caf39f24b64568f5146a22",
    "simhash": "1:9b6bc54186483028",
    "word_count": 672
  },
  "last_updated": "2023-07-14T17:15:19.573584+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges HILL and EAGLES concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. CARL CHILDERS"
    ],
    "opinions": [
      {
        "text": "HEDRICK, Judge.\nDefendant assigns error to the refusal of the trial court to \u201cgrant the defendant\u2019s motion to dismiss at the close of the State\u2019s evidence and at the close of all the evidence.\u201d Among other things, defendant contends the record is devoid of evidence that the material seized pursuant to execution of the search warrant was contraband in violation of the Controlled Substances Act. The record discloses that the police officers searched the defendant\u2019s person and a residence at 306 Pine Street, Gastonia, North Carolina, and seized a bag containing \u201c17 pills,\u201d \u201csome rolling papers,\u201d and \u201ca plastic bag with some smaller particles of green vegetable material in it.\u201d The officers testified that the pills, papers, and vegetable material were sealed in plastic envelopes and placed in \u201clocker No. 2 in the Vice Control Office.\u201d Ralph Johnson, a forensic chemist employed by the State Bureau of Investigation, testified as follows:\nI can identify the State\u2019s Exhibit Number 14. It is an envelope that had evidence that was sent to the Gastonia City Police Department.\nMy initials are on it and dated August 2, 1982. It is in the same condition when I mailed it in August, 1982. State\u2019s Exhibit Number 15 is an envelope which I received on July 23, 1982. I put a case number on it, initialed it and dated it. State\u2019s Exhibit Number 16 are some tablets I received on July 23, 1982, which were in State\u2019s Exhibit Number 15.1 ran an ultra-violet spectrograph and two thin layer chromatography tests on the tablets. There were 17 tablets. I am of the opinion that the tablets contained hydramorphone. State\u2019s Exhibits Numbers 17 and 18 are exhibits that I received also and ran tests on them. I am of the opinion that Exhibits Numbers 17 and 18 are marijuana. I wrote down the last four digits of the case numbers and my initials on all the bags as well as the envelopes.\nThe record is totally devoid of any evidence that the material analyzed by Mr. Johnson was the same material seized from defendant and his residence. It follows, therefore, that the record is totally devoid of evidence that the materials seized from the defendant and his residence were controlled substances and that the rolling papers seized were possessed for the purpose of \u201cintroducing controlled substances into the human body,\u201d N.C. Gen. Stat. Sec. 90-113.21(a), in violation of N.C. Gen. Stat. Sec. 90-113.22.\nThe trial court erred in denying defendant\u2019s motions to dismiss. The judgments entered are vacated and defendant is ordered discharged.\nVacated.\nJudges HILL and EAGLES concur.",
        "type": "majority",
        "author": "HEDRICK, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Rufus L. Edmisten, by Associate Attorney K. Michele Allison, for the State.",
      "Steve Dolley, Jr., and Charles J. Katzenstein, Jr., for defendant, appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. CARL CHILDERS\nNo. 8327SC649\n(Filed 7 February 1984)\nNarcotics \u00a7 4.1\u2014 narcotics offenses \u2014 insufficient evidence\nThe State\u2019s evidence was insufficient for the jury in a prosecution for possession of a controlled substance with intent to sell, possession of drug paraphernalia, and possession of marijuana where there was no evidence that pills, rolling papers, and vegetable matter analyzed by the State\u2019s expert witness were the same materials seized from defendant and his residence so that the record was devoid of evidence that the seized materials were controlled substances and that the rolling papers were possessed for the purpose of introducing controlled substances into the human body in violation of G.S. 90-113.22. G.S. 90-113.21(a).\nAppeal by defendant from Ferrell, Judge. Judgments entered 9 February 1983 in Superior Court, GASTON County. Heard in the Court of Appeals 17 January 1984.\nDefendant was charged in proper bills of indictment with possession with intent to sell a Schedule II controlled substance, a felony, possession of drug paraphernalia, a misdemeanor, and possession of less than one ounce of marijuana, a misdemeanor. He was found guilty of misdemeanor possession of a Schedule II controlled substance, misdemeanor possession of drug paraphernalia, and misdemeanor possession of marijuana. From judgments imposing two prison sentences and a fine, defendant appealed.\nAttorney General Rufus L. Edmisten, by Associate Attorney K. Michele Allison, for the State.\nSteve Dolley, Jr., and Charles J. Katzenstein, Jr., for defendant, appellant."
  },
  "file_name": "0464-01",
  "first_page_order": 496,
  "last_page_order": 498
}