State v. Summers

PARKER, Judge.

There was no evidence of actual possession and the question presented is whether there was sufficient evidence of constructive possession to warrant submitting the case to the jury. We think there was.

An accused has possession of contraband material within the meaning of the law when he has both the power and intent to control its disposition or use. “Where such materials are found on the premises under the control of an accused, this fact, in and of itself, gives rise to an inference of knowledge and possession which may be sufficient to carry the case to the jury on a charge…