State v. Montgomery

A jury found the defendant guilty of possession of narcotics. The defendant contends that the trial court erred (1) in denying a motion for acquittal on the grounds that the state faded to prove actual or constructive possession of narcotics, and (2) in denying a motion for mistrial after narcotics apparatus, which was unconnected with the accused, was admitted into evidence. The defendant contends, further (3) that he has been subjected to double jeopardy because his probation was revoked on the basis of the same evidence used to convict him in the case at bar.

The defendant was arrested in a…