State v. Earley

MITCHELL, Judge.

The defendant’s sole assignment of error is directed to the failure of the trial court to grant his motion to dismiss made at the close of all the evidence. The defendant contends that the only evidence against him was the alleged possession of recently stolen goods, but that he never actually possessed those goods. A person is in possession of goods when he has the intent to control the goods and is in such physical proximity to the goods as to have the power to control them to the exclusion of others. Thus, a person who has the power and intent to control the access to and…