State v. Allbaugh

Newell M. Allbaugh appeals his conviction for possession of controlled substances with intent to deliver, in violation of sec. 161.41 (lm), Stats. The issue is whether the evidence was sufficient to convict — specifically, whether there was adequate evidence to support a jury finding that Allbaugh “possessed” the substances within the meaning of the statute. We conclude that the evidence was sufficient and affirm the conviction.

The basic facts are not in dispute. Allbaugh’s father telephoned the police and informed them that he had found what he suspected to be marijuana in the house on his…