State v. Clayton

HOLLAND, Justice.

The defendant-appellee, Randolph Clayton (“Clayton”), has been charged by indictment with Possession of a Firearm by a Person Prohibited 1 and is currently pending trial. The State’s theory of the case is that Clayton, who was prohibited from possessing a deadly weapon, was in constructive possession of one or more handguns.

Pursuant to article IV, section 11(8) of the Delaware Constitution and Supreme Court Rule 41, the Superior Court has certified, and this Court has accepted the following question of law:

Whether the phrase “intention to guide the gun’s destiny” is a…