Neal v. State

Clark, Judge.

Two questions are presented by this appeal: (1) Do the facts make out a case of "constructive possession” of contraband drugs sufficient to sustain a conviction; and (2) did the trial judge err in charging the jury that the conviction carried with it a sentence of not less than one year? The importance of answering this latter question is shown in the district attorney’s request for this court to rule on this phase for the enlightenment of our trial judges regardless of the decision on the guilt phase.

Ironical indeed are the facts out of which this case had its inception: during…