Jackson v. State

Olly Neal, Judge.

In this appeal from the Saline County Circuit Court, appellant challenges the sufficiency of the evidence used to support a conviction for possession of a counterfeit substance with the intent to deliver under Ark. Code Ann. § 5-64-401 (Repl. 1997), and the court’s failure to give a proffered instruction recommended by appellant. Because we hold that there was insufficient evidence to convict appellant of possession of a counterfeit substance with the intent to deliver, we reverse.

Detective Michael Hardester of the Saline County Sheriffs Office testified that, on January 9,…