State v. Roseboro

• Decision Date: 15 December 1981
• Docket Number: No. 8114SC550,8114SC550
• Citation: 55 N.C.App. 205,284 S.E.2d 725
• Parties: STATE of North Carolina v. Louis C. ROSEBORO.
• Court: North Carolina Court of Appeals

Page 725

284 S.E.2d 725

55 N.C.App. 205

STATE of North Carolina v. Louis C. ROSEBORO.

No. 8114SC550.

Court of Appeals of North Carolina.

Dec. 15, 1981.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Lucien Capone III, Raleigh, for the State.

Elisabeth S. Petersen, Durham, for defendant-appellant.

HILL, Judge.

Before the trial of this case, defendant made a motion that the State be ordered to disclose the identity of a confidential informer whose information led to the issuance of the search warrant for 705 Bacon Street. That motion was denied, and defendant now argues that the trial court's action violated his constitutional right to confront witnesses against him. We do not agree.

In Roviaro v. United States, 353 U.S. 53, 77 S.Ct. 623, 1 L.Ed.2d 639 (1957), the Supreme Court dealt with the question of revealing the name of an informer where petitioner had been charged with the sale of heroin to "John Doe," and the government refused to disclose John Doe's true identity. In reversing petitioner's conviction, the Court stated:

We believe that no fixed rule with respect to disclosure is justifiable. The problem is one that calls for balancing the public interest in protecting the flow of information against the individual's right to prepare his defense. Whether a proper balance renders nondisclosure erroneous must depend on the particular circumstances of each case, taking into consideration the crime charged, the possible defenses, the possible significance of the informer's testimony, and other relevant factors.

Id. at 62, 77 S.Ct. at 628-29, 1 L.Ed.2d at 646. The Roviaro court held that disclosure is required when the informer participated in the alleged crime and, as a material witness, might have been helpful to the defense. The opinions of our courts have reflected the requirement that, where an informer participates in the alleged crime, the State must disclose the identity of the informer. See, e.g., State v. Hodges, 51 N.C.App. 229, 275 S.E.2d 533 (1981).

In the instant case, the information provided by the confidential informer had no connection with the crimes with which defendant was charged. The informer's information provided the basis for the search warrant, but his allegation that he had purchased drugs from someone, possibly defendant, at 705 Bacon Street, was not introduced as evidence at the trial. That information was not, therefore, the basis of defendant's conviction. Simply put, the informer did not, as defendant argues, participate in the drug activities with which defendant was charged. We do not find that defendant could have used the informer to counter the case made out against defendant by the State. The trial court correctly denied defendant's motion to disclose the informer's identity.

Defendant also assigns as error the trial court's denial of his motion for a directed verdict. He contends that the State failed to present sufficient evidence of defendant's possession of the two drugs, his intent to sell, or his manufacture of the drugs. We find that the State did present sufficient evidence on all charges and that the court did not err in denying defendant's motion for a directed verdict.

In State v. Harvey, 281 N.C. 1, 12-13, 187 S.E.2d 706, 714 (1972), the Supreme Court discussed the question of possession of narcotics:

An accused's possession of narcotics may be actual or constructive. He has possession of the contraband material within the meaning of the law when he has both the power and intent to control its disposition or use. Where such materials are found on the premises under the control of an accused, this fact, in and of itself, gives rise to an inference of knowledge and possession which may be sufficient to carry the case to the jury on a charge of unlawful possession. Also, the State may overcome a motion to dismiss or motion for judgment as of nonsuit by presenting evidence which places the accused "within such close juxtaposition to the narcotic drugs as to justify the jury in concluding that the same was in his possession." (Citations omitted.)

The fact that other persons also have access to contraband does not exonerate a defendant. State v. Lofton, 42 N.C.App. 168, 256 S.E.2d 272 (1979); State v. Sutton, 14 N.C.App. 161, 187 S.E.2d 389, cert. denied, 281 N.C. 515, 189 S.E.2d 35 (1972).

Our determination of the issue raised by defendant is governed by the principle of law that, upon consideration of a motion for directed verdict, the State's evidence is deemed to be true and the State is entitled to all reasonable inferences which may be drawn from the evidence. State v. Baxter, 285 N.C. 735, 208 S.E.2d 696 (1974). See also 4 Strong's N.C. Index, Criminal Law § 104, p. 541-42, and cases cited therein. In the instant case, the State presented evidence tending to show that, during the search, law enforcement officers found both marijuana and cocaine in plain view in the left bedroom, cocaine in the pocket of a suit in the bedroom closet, and marijuana in the water heater located in the kitchen of the house. The record does not disclose that anyone in the house had drugs on his person. Defendant's possession, therefore, can be based upon his control of the premises.

There was evidence which tended to link defendant to the house at 705 Bacon Street. At the time of the...