Carr v. State
Texas Court of Criminal Appeals
480 S.W.2d 678 (1972)
Facts
Police executed a search warrant at the home of Edward Anthony Carr (defendant), where he lived with one other person. At the time, Carr was sleeping in his bedroom, located at the back of the home. Police found marijuana and related paraphernalia in the kitchen and in the living room Carr’s roommate had turned into his bedroom. Police did not find any marijuana in Carr’s bedroom or on his person, nor did Carr smell of marijuana or behave furtively while police were present. Carr entered a plea of not guilty but was convicted of possession of marijuana at trial. He appealed, arguing that the evidence was insufficient to support a conviction. The state argued that because Carr would need to walk past the marijuana located in the kitchen to get to his bedroom, he had care, control, or management over the drugs, justifying a conviction.
Rule of Law
Issue
Holding and Reasoning (Davis, J.)
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