Moody v. State

The appellant, Harry Moody, was convicted of possessing a controlled substance, cocaine, in violation of § 13A-12-212, Code of Alabama 1975. He was sentenced under the Habitual Felony Offender Act to 10 years in prison.

I

The appellant initially contends that the trial court erred in failing to grant his motion for a judgment of acquittal at the end of the state's case. The appellant asserts that there was no evidence presented that he possessed the cocaine.

Possession of a controlled substance may be actual, i.e., on the person, or constructive, i.e., not on the person.Borden v. State, 523…