State v. Brown

The defendant asserted that he could not be held responsible for the unlawful possession of the mash, and requested an instruction to the jury upholding his contention.

To hold the defendant liable to answer to the criminal law because of a violation of the statute quoted above, the unlawful action possessing the mash must have been actually or constructively his act.

The mash was not in the actual possession of the defendant, but it was in the possession of one who the testimony tends to show was acting in concert with him. According to the testimony herein, four confederates, including the…