State v. Dunning

The opinion of the court was delivered by

Hutchison, J.:

The defendant in this case appeals from a conviction and sentence for the unlawful possession of intoxicating *6liquor. He assigns as error the giving of the following instruction as the definition of possession:

“The term ‘possession,’ as used in these instructions, means the control, and right to dispose of, alcoholic liquor.”

This is substantially the same instruction that was given and recently held to be insufficient in the case of State v. Colson, 134 Kan. 147, 4 P. 2d 414. It entirely lacks the element of mental attitude which has…