(DOWNLOAD) "North Carolina v. Mcauliffe" by Court of Appeals of North Carolina No. 7430SC367 # Book PDF Kindle ePub Free
eBook details
- Title: North Carolina v. Mcauliffe
- Author : Court of Appeals of North Carolina No. 7430SC367
- Release Date : January 07, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Prior to the commencement of the trial, the defendant moved to quash the bill of indictment on the grounds that the presumption that possession of more than five grams of marijuana is possession for the purpose of sale, is unconstitutional. The denial of this motion to quash constitutes his first assignment of error. This assignment of error is without merit. Presumptions are lawful as long as there is a rational connection between the fact to be proved and the facts which create this foundation. Barnes v. United States, 412 U.S. 837, 93 S. Ct. 2357, 37 L. Ed. 2d 380 (1973); United States v. Romano, 382 U.S. 136, 86 S. Ct. 279, 15 L. ed. 2d 310 (1965). Our Supreme Court has held that it is within the authority of the General Assembly to provide by statute that proof of certain facts should be prima facie evidence of an ultimate fact, provided that there is rational connection between the fact proved and the ultimate fact assumed. State v. Hales, 256 N.C. 27, 122 S.E.2d 768 (1961); State v. Lassiter, 13 N.C. App. 292, 185 S.E.2d 478 (1971). These presumptions are not conclusive and do not affect the burden of proof, but shift the burden of going forward with the evidence to the defendant. State v. Riera, 276 N.C. 361, 172 S.E.2d 535 (1970); 2 Strong, N.C. Index 2d, Criminal Law, § 32. The General Assembly determined that possession of more than five grams (more than one ounce since 1 January 1974) created a presumption sufficient to allow the jury to find that possession was for the purpose of distribution. G.S. 90-95. The defendant in this case possessed approximately ten thousand grams. The jury was properly instructed as to the presumption. The defendant relies on the case of Sharp v. Commonweath, 213 Va. 269, 192 S.E.2d 217 (1972), as authority that the presumption is unlawful. The Virginia case was decided on a different statute. Virginia Code of 1950, Section 54-524.101(a), as amended. It did not set a specific amount, but allowed the possession of any of the substance as some evidence that it was possessed for the purpose of distribution.
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