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Home / Courts / Criminal Practice – Weapon Possession – Actual or Constructive — Jury Instructions – Plain Error (access required)

Criminal Practice – Weapon Possession – Actual or Constructive — Jury Instructions – Plain Error (access required)

State v. Perry Where (1) the evidence only supported a theory that defendant actually possessed a pistol, (2) the state told the jury that this case only involved constructive possession, and (3) the trial court charged the jury on both actual and constructive possession, the trial court’s failure to answer the jury’s subsequent questions about possession resulted in plain error.

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