Scisney v. State

ON PETITION TO TRANSFER

DICKSON, Justice.

The defendant, Marlon Scisney, was convicted of possession of cocaine in an amount over three grams with the intent to deliver 1 and possession of marijuana. 2 The Court of Appeals affirmed. Scisney v. State, 690 N.E.2d 342 (Ind.Ct.App.1997). We grant transfer to address whether a party must tender an alternative instruction in order to preserve a claim of instruction error.

Before closing arguments, during the instruction conference, the trial court proposed to combine separate instructions on the doctrine of constructive possession into a single…