N.C.P.I.—Crim. 237.20

NOTE WELL: The North Carolina Education Lottery and lawful

lotteries conducted by other states are not subject to this

statute.

The defendant has been charged with possessing a lottery [ticket]

[order] [certificate] used in the operation of any lottery.

For you to find the defendant guilty of this offense, the State must

prove two things beyond a reasonable doubt:

First, that the defendant knowingly possessed lottery [tickets]

[certificates] [orders]. 1 A person possesses lottery [tickets] [certificates]

[orders] when he is aware of their presence and has (either by himself or

together with others) both the power and intent to control the disposition or

use of lottery [tickets] [certificates] [orders].

NOTE WELL: If constructive possession of lottery tickets, etc., is

an issue, or if an amplified definition of actual possession is

needed, the trial judge should refer to N.C.P.I.—Crim. 104.41.

And Second, that these [tickets] [certificates] [orders] were used in

the operation of any lottery. If you find beyond a reasonable doubt that the

defendant possessed lottery [tickets] [certificates] [orders], you may infer

that they were used in the operation of a lottery, but you are not compelled

to do so. You may consider this evidence together with all other evidence in

the case in determining whether the State has proved beyond a reasonable

doubt that the lottery [tickets] [certificates] [orders] were used in the

operation of any lottery.

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date, the defendant knowingly possessed lottery [tickets]

[certificates] [orders] which were used in the operation of any lottery, it

would be your duty to return a verdict of guilty. If you do not so find or have

a reasonable doubt as to one or both of these things it would be your duty to

return a verdict of not guilty.