Legal Opinion · Concurring in part, dissenting in part

People v. Gore

Appellate Court of Illinois

Decided June 21, 1983No. 82-282Published

1Concurring in part, dissenting in partJustice Barry

I agree with my colleagues’ holding concerning the sufficiency of the State’s evidence of illegal transportation of alcohol. I am not convinced, however, that the State’s evidence of constructive possession of cannabis was insufficient to support the defendant’s conviction under section 4(d) of the Cannabis Control Act. The majority’s new “visibility” test is neither practical nor warranted by established precedent respecting constructive possession. Indeed, proper analysis by decided case law supports the conclusions reached by the trial court on the facts here presented.

Defendant concedes…

2Cases cited20 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. New York v. BeltonSupreme Court of the United States · 1981
  3. People v. FosterIllinois Supreme Court · 1979
  4. People v. WeaverIllinois Supreme Court · 1982
  5. The PEOPLE v. NettlesIllinois Supreme Court · 1961

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