Faerber v. Commonwealth

MONTGOMERY, Chief Justice.

Judith Lynn Faerber, a junior at Western Kentucky University, was convicted of an “attempt to commit the crime of possession of a narcotic not authorized by chapter 218 of Kentucky Revised Statutes”, the Kentucky version of the Uniform Narcotic Drug Act. Her punishment was fixed at a fine of $1,000 and confinement in jail of one year. Specifically she had been indicted for having in possession a narcotic drug, marijuana, contrary to KRS 218.020.

Instruction 1 authorized the jury to convict the appellant for having marijuana in possession. The jury found her guilty…