N.C.P.I.—Crim. 237.60

The defendant has been charged with possessing an illegal slot

machine.

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

prove two things beyond a reasonable doubt:

First, that the defendant possessed an illegal slot machine.

An illegal slot machine is one that is designed not to produce for, or

give to the person who places a coin or money (or the representative of

either), the same return in market value each and every time such machine

is operated. 1 A person possesses (describe machine) when he is aware of its

presence, and has (either by himself or together with others) both the power

and intent to control its disposition or use.

NOTE WELL: If constructive possession of the illegal slot machine

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

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

further instructions.

And Second, the defendant must have possessed the illegal slot

machine for the purpose that it be operated as an illegal slot machine.

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

about the alleged date, the defendant possessed an illegal slot machine for

the purpose of its being operated as an illegal slot machine, then it would be

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

reasonable doubt as to one or more of these things, it would be your duty to

return a verdict of not guilty.