and capability to maintain control and dominion over” the narcotics. State v. Beaver, 317 N.C. 643, 648, 346 S.E.2d 476, 480 (1986). State v. Matias, 354 N.C. 549, 552, 556 S.E.2d 269, 270-71 (2001), quoted in Butler, 356 N.C. at 145-46, 567 S.E.2d at 140 (emphasis added); see also State v. Spencer, 281 N.C. 121, 129-30, 187 S.E.2d 779, 784 (1972) (affirming defendant’s conviction for possession of marijuana because the evidence, that the defendant had been seen several times in and around a pig shed where marijuana was found approximately twenty yards from his residence, and that marijuana seeds were found in the defendant’s bedroom, was sufficient for the jury to consider the charge based on constructive possession); State v. Allen, 279 N.C. 406, 412, 183 S.E.2d 680, 684-85 (1971) (<HOLDING>). “ ‘Where [contraband is] found on the
holding that evidence was insufficient to prove constructive possession where the defendant was in jail at the time the drugs were seized from his residence holding that evidence that the utilities at a residence where heroin was sold were listed in defendants name that an army identification card bearing the defendants name and other papers belonging to the defendant were located in the same bedroom where heroin was found and that a sixteenyear old obtained heroin from the house and sold it at defendants direction was sufficient to have the jury consider whether the defendant possessed the heroin under a theory of constructive possession holding evidence insufficient to support conviction for possession when defendant merely present in an apartment in which a womans purse and a cigarette case containing heroin were found holding evidence insufficient to establish defendant had physical or constructive possession of heroin when no drugs were found on his person and the only drugs discovered on the premises which he shared with the codefendant were secreted out of plain view holding evidence sufficient to prove possession of heroin with intent to distribute where defendant secreted heroin for another knowing of others intent to sell the heroin