Kiely v. State

OPINION OF THE COURT

M. WILLIAM GRAYBILL, Circuit Judge.

Appellant, seated behind the wheel of a parked pickup truck at nighttime, was charged with possession of marijuana found to be in the physical possession of a front seat passenger who admitted ownership of the contraband.

The State presented evidence from which it could reasonably be inferred the Appellant knew the passenger was in possession of marijuana but presented no evidence whatsoever that Appellant had any *117ownership or interest in the contraband nor any dominion, control or ability to control the same.

Although never brought to the…