Perry v. State

I respectfully dissent.

I believe the assignment of error contending the evidence is insufficient to support of the verdict is well-taken. The State’s case against plaintiff in error Perry is based solely upon the presumption of control over his apartment where the contraband substance was found. It is true that the evidence established the apartment was rented in Perry’s name and that a relatively small portion of the marijuana was found under the bed of Perry. It is also true that in the absence of countervailing evidence this would be sufficient to charge defendant with control and…