State v. Parks

Miller, Justice:

Defendant, William Harvey Parks, appeals from his misdemeanor conviction of possession of less than 15 grams of marijuana. The main error urged is that the indictment and State’s Instruction E, a binding instruction, both define the crime of possession without including the element of intent. The statute in question, W.Va. Code 60A-4-401(c), provides in material part:

“It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription....”

The words “knowingly or…