Bennefield v. State

In my view the facts of this case cannot sustain the conviction.

The defendant had been driving the automobile in which a small single aluminum foil packet of cocaine was found in the middle of the front bench seat. He testified the automobile was his girlfriend’s. However, there had been three other passengers in the car only moments before, at least one of whom sat alongside the driver. These passengers were also thought by the police to have been using cocaine and the defendant himself testified that the passengers were cocaine users.

In particular, I question the significance of the factors…