Commonwealth v. Romero

(dissenting, with whom Sikora, J., joins). Attempting to rationalize the imposition of criminal liability for crimes that include the element of “possession,” but where there is no actual possession, we have constructed terminology and inferences purportedly designed to direct our factual inquiries to those factors that will determine whether the defendant had the requisite knowledge, ability, and intent to possess the item. We *804have been applying the doctrine of constructive possession for many years but to very mixed reviews from prosecutors, defense attorneys, and legal scholars alike. 1…