People v. Rush-Bey

PRESIDING JUSTICE KARNS

delivered the opinion of the court:

Defendant, Garland Rush-Bey, appeals from a judgment of conviction of the offense of unlawful possession of 15 grams or more of a substance containing heroin with the intent to deliver (Ill. Rev. Stat. 1985, ch. 56½, par. 1401(a)(1)) entered upon a jury verdict in the circuit court of St. Clair County.

Defendant was arrested on March 6, 1985, at his parents’ home at 634 North 23rd Street, East St. Louis. Heroin was found in the basement of the home. The dispute in this cause centers on whether the State proved defendant’s constructive…