State v. Simpson

I wholeheartedly agree with the majority that an instruction on the permissible infer-encés which support a finding of constructive possession is unnecessary and undesirable.1 However, if one is given, as was done here, the instruction must be a correct statement of the law. Because the instruction given here was not, I respectfully dissent.

The defendant accurately pointed out to the trial court that the constructive possession instruction was an incomplete statement of the law at best and an incorrect statement of the law at worst. Because I believe that the majority’s opinion confirms that…