State v. Outlaw

385 S.E.2d 165, 96 N.C. App. 192, 1989 N.C. App. LEXIS 961
Court of Appeals of North Carolina·Decided November 7, 1989·No. 896SC203·Published·Cited by 19 cases

Opinion

EAGLES, Judge.

Defendant assigns as error the trial judge’s denial of his motion for directed verdict based on the insufficiency of the evidence to show that defendant transported cocaine. Defendant contends that the evidence at trial did not show that he transported cocaine because his truck never left his property. The defendant argues that at most the evidence showed that he attempted to transport cocaine.

“Defendant’s motion to dismiss must be considered in light of all the evidence introduced by the State as well as that introduced by defendant.” State v. Perry, 316 N.C. 87, 95, 340 S.E.2d 450, 456 (1986), citing G.S. 15-173 (1983), G.S. 15A-1227 (1983). “Thus the question presented is whether upon consideration of all the evidence, whether competent or incompetent, in the light most favorable to the State, there is substantial evidence that the crime charged in the bill of indictment was committed and the defendant was a perpetrator of that crime.” Id. at 95, 340 S.E.2d at 456, citing State v. Riddle, 300 N.C. 744, 268 S.E.2d 80 (1980); State v. Scott, 289 N.C. 712, 224 S.E.2d 185 (1976).

*196 Initially, we note that G.S. 90-95(h)(3) (Supp. 1988) provides that “[a]ny person who sells, manufactures, delivers, transports, or possesses 28 grams or more of cocaine and any salt, isomer, salts of isomers, compound, derivative, or preparation thereof . . . shall be guilty of a felony, which felony shall be known as ‘trafficking in cocaine. . . ” The defendant argues that the evidence was insufficient to show that he transported cocaine.

The word “transports” has not been defined in the North Carolina Controlled Substances Act, G.S. 90-86 et seq., or in any case discussing whether controlled substances were in fact transported. However, we note that the meaning of the word “transportation” has been discussed within the context of alcoholic beverages and common carrier cases.

In State v. Welch, 232 N.C. 77, 59 S.E.2d 199 (1950), a case involving transporting intoxicating liquor in a vehicle, our Supreme Court stated that “[t]he word ‘transport’ means to carry or convey from one place to another.” Id. at 81, 59 S.E.2d at 202, citing Alexander v. R.R., 144 N.C. 93, 56 S.E. 697; Cunard Steamship Co. v. Mellon, 262 U.S. 100, 43 S.Ct. 504, 67 L. Ed. 894 (1922). “Hence, a person transports liquor when he carries or conveys it from one place to another on his person, or in some vehicle under his control, or in any other manner.” Id., 59 S.E.2d at 202-3.

On the other hand, Alexander v. R.R., 144 N.C. 93, 56 S.E. 693 (1907) involved the transportation of goods by a common carrier within a specified time period. In Alexander, the court stated that transportation “did not mean simply to remove from one place, but includes also the idea of carrying to another place.” Id. at 96, 56 S.E. at 698.

The United States Supreme Court in Cunard Steamship Company v. Mellon, 262 U.S. 100, 43 S.Ct. 504, 67 L. Ed. 894 (1922), determined that “transportation comprehends any real carrying about or from one place to another.” Id. at 122, 43 S.Ct. at 506, 67 L. Ed. at 901. Cunard involved suits brought by steamship companies who operated passenger ships between this country and foreign ports. The companies sought exemption from certain provisions of the National Prohibition Act. In order to determine the rights of the parties under the 18th Amendment, the court addressed the meaning of the word “transportation.” In defining transportation, the court said that “[i]t is not essential that the carrying be for hire, or by one for another; nor that it be incidental *197 to a transfer of the possession or title. If one carries in his own conveyance, for his own purposes, it is transportation no less than when a public carrier, at the instance of a consignor, carries and delivers to a consignee for a stipulated charge.” Id., 43 S.Ct. at 506-7, 67 L. Ed. at 901.

Defendant has cited State v. Wells, 259 N.C. 173, 130 S.E.2d 299 (1963), and The Beverage Control Act of 1933 for the proposition that under alcoholic beverage laws transportation means to convey on a public street or highway. He states that this same limited definition should be applied to transportation of controlled substances.

We note that neither Wells nor The Beverage Control Act of 1933 establishes that movement into the public sphere is a prerequisite to charging someone for unlawful transportation. First, Wells only mentions public streets or highways in the wording of the warrant. In Wells, our Supreme Court never articulated a definition for transportation and did not imply that transportation could only occur if conveyed within the public sphere. Finally, unlike the broad prohibitions against transporting controlled substances contained in the North Carolina Controlled Substances Act (Article 5, Chapter 90), The Beverage Control Act of 1933, 1933 S.L. Ch. 319, by its own terms merely deals with the regulation of alcohol if it is transported over the public highways.

Here, we believe that it is correct to view transportation as “any real carrying about or movement from one place to another.” 262 U.S. at 122, 43 S.Ct. at 506, 67 L. Ed. at 901. Agent Wooten testified that defendant was in his truck and the truck’s white “backup” lights were illuminated indicating that the defendant was in the process of backing out of his driveway. The defendant would have completed backing out of his driveway but for Agent Wooten’s arrival with his blue light flashing. Moreover, defendant admits in his brief that he was in fact backing out of his driveway before Agent Wooten stopped him. He admits in his brief that he was taking the red tool box which contained “dope” from the house to the truck and in the truck to the end of the driveway. This is an admission of transportation of controlled substances. Accordingly the evidence of defendant’s acts was sufficient to sustain a charge of felonious transportation of cocaine.

Next, the defendant assigns as error the trial judge’s denial of his motion for directed verdict on the grounds that there was sufficient evidence to show that the defendant manufactured cocaine.

Free access — add to your briefcase to read the full text and ask questions with AI

State v. Outlaw, 385 S.E.2d 165, 96 N.C. App. 192, 1989 N.C. App. LEXIS 961 (N.C. Ct. App. 1989).

385 S.E.2d 165 (State v. Outlaw) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Miller
Court of Appeals of North Carolina, 2026
State v. Dobbins
Court of Appeals of North Carolina, 2025
State v. Christian
Court of Appeals of North Carolina, 2023
State v. Miranda
762 S.E.2d 349 (Court of Appeals of North Carolina, 2014)
State v. McLendon
Court of Appeals of North Carolina, 2014
State v. May
690 S.E.2d 767 (Court of Appeals of North Carolina, 2010)
State v. ALVARDO
690 S.E.2d 558 (Court of Appeals of North Carolina, 2010)
State v. Cruz
689 S.E.2d 246 (Court of Appeals of North Carolina, 2009)
State v. Doe
661 S.E.2d 272 (Court of Appeals of North Carolina, 2008)
State v. Zamora-Ramos
660 S.E.2d 151 (Court of Appeals of North Carolina, 2008)
State v. Sares
643 S.E.2d 49 (Court of Appeals of North Carolina, 2007)
State v. Williams
630 S.E.2d 216 (Court of Appeals of North Carolina, 2006)
State v. Harrington
614 S.E.2d 337 (Court of Appeals of North Carolina, 2005)
State v. Ayala
600 S.E.2d 899 (Court of Appeals of North Carolina, 2004)
State v. Carmon
576 S.E.2d 730 (Court of Appeals of North Carolina, 2003)
State v. Manning
534 S.E.2d 219 (Court of Appeals of North Carolina, 2000)
State v. McRae
430 S.E.2d 434 (Court of Appeals of North Carolina, 1993)
State v. Greenidge
402 S.E.2d 639 (Court of Appeals of North Carolina, 1991)